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Société des Sciences Juridiques et Administratives



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Volume 13, Issue 2, June 2023

Contents



Article 1 - Artificial intelligence on public sector in Portugal: first legal approach

Abstract

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.
Key-words: artificial intelligence, public law, transparency, reasoning, state liability, Portuguese context.
JEL Classification: K23, K24
DOI: 10.24818/TBJ/2023/13/2.01



Article 2 - Ukraine-Romania judicial cooperation in civil matters: twenty years of signing the agreement

Abstract

The extraordinary session of the Verkhovna Rada of the Ukrainian SSR on August 24, 1991 proclaimed the independence of Ukraine and the creation of an independent Ukrainian state, the Act of Independence of Ukraine. Since then, Ukraine, as a sovereign, independent, independent State, has been creating legal relations between states, finding not only reliable partners, but also friends. One of these countries is Romania. This article examines the issue of the Agreement on Legal Assistance between Ukraine and Romania, which was signed in 2002, and implementing this act in the judicial system of Ukraine - through judicial cooperation, recognition of judicial decisions and participation of Romanian citizens in trials in Ukraine.
Key-words: judiciary; judicial cooperation; civil procedure; recognition and enforcement of judgments; court.

JEL Classification: K15, K33, K41
DOI: 10.24818/TBJ/2023/13/2.02



Article 3 - DPA powers toward effective and transparent GDPR enforcement: the case of Croatia

Abstract

The paper identifies and explores the solutions to certain underdeveloped and lacking legislative solutions and issues in the practice of the national data protection authority (CPDPA), which affect the aims of effective GDPR enforcement and transparency. On a broader level it contributes to the EDPB initiatives toward the harmonization of certain procedural provisions and overcoming the differences in the conduct of cross-border proceedings. Most of the research considerations are supported by a study of the case that received much public attention and involves the first administrative fine in Croatia. Arguments are provided toward prescribing time limits for the resolution of data protection administrative disputes and toward appropriate addressal of the closely related issues of publishing CPDPA rulings, with the concerns of their accessibility worked out through a comprehensive policy. This includes also the particular considerations on the corrective measures issued to public authorities, which cannot be fined, and on the underdeveloped fine-limitation rule for certain other public sector bodies. Public interest concerns should be closely examined in the assessment of communicating information on relevant data protection cases and CPDPA decisions, as well as the interrelation with the freedom of information requests. The publishing of non-anonymous final rulings should be recognized as a form of additional sanction and power of the data protection authority and as such further explored also at the EU level. In terms of more efficient CPDPA functioning it is argued that the prescribed time limits for issuing expert opinions are extended. At the same time resources should be utilized toward better inclusivity and accessibility of relevant information, primarily rulings, on its website.
Key-words: GDPR; GDPR national implementation; data protection authority; DPA; AZOP; EDPB; finality; publication; non-anonymized decision; time limit; expert opinions; administrative fine; transparency; public sector; cross-border.
JEL Classification: K24
DOI: 10.24818/TBJ/2023/13/2.03



Article 4 - Legal aspects of temporary protection for Ukrainians in the member states of the European Union

Abstract

In the article two different international protection mechanisms for persons who are forced to leave their homes for the sake of personal safety and the safety of their children (refugee status and temporary protection) which are currently provided for in European law are examined and compared. The main international document that regulates the issue of refugees is the UN Convention on the Status of Refugees of 1951. The issue of temporary protection is regulated by the EU Council Directive № 2001/55/EC of 07/20/2001, which was activated for the first time in history by the EU Council Decision № 2022/382 of 03/04/2022 to protect persons fleeing Ukraine due to a large-scale invasion by Russian armed forces began on 24 February 2022. The grounds for obtaining refugee status are individual and internal in nature (reasonable fears of a person becoming a victim of persecution), and therefore a long and complex administrative procedure for obtaining it. The grounds for obtaining temporary protection have a collective and obvious external nature (a mass influx of forcibly displaced persons in connection with a real threat), and, accordingly, the maximally simplified and fast (immediate) procedure confirming that the person is covered temporary protection.
Key-words: human rights, forcibly displaced persons, international protection, temporary protection, refugees.
JEL Classification: K10, K33, K40
DOI: 10.24818/TBJ/2023/13/2.04



Article 5 - The copyright protection of AI-generated works under Chinese law

Abstract

Who is the author of a work generated by AI? Can AI-generated works be protected by copyright law? This issue has attracted global attention. The vast majority of countries in the world have given a negative response to this question, but one Chinese court has given an affirmative answer, instead. Does this Chinese decision represent future thinking for the world in this area? It is necessary to investigate the reasons behind this decision, which are related to China's special interpretation of “human participation” and the criteria for judging originality. This judicial result was also related to China's current lack of a distinction between computer-assisted and AI-generated results. In the future, China may continue to uphold the existing determination; however, since China does not operate under case law, Chinese courts may still change their opinion. Moreover, China's choice may not have an impact on countries that are deeply influenced by natural law, but it may still impact some countries that are strongly influenced by utilitarianism.
Key-words: artificial intelligence; copyright; works; China.
JEL Classification:
K11, K24
DOI: 10.24818/TBJ/2023/13/2.05



Article 6 - Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study

Abstract

The article examines certain problems of legal regulation of preventing conflicts of interest in the activities of judges in Ukraine, ways to resolve it, and foreign experience of individual EU countries in this area. The methodology of scientific work is based on a system of methods of general scientific and special legal methods of cognition. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of individual EU countries was carried out. The definition of "conflict of interest in the activities of judges" is proposed. It is argued that the public interest in the activities of judges is the public interest in ensuring that persons working in the judicial system exercise their powers and make decisions impartially, objectively and fairly. Attention is focused on the peculiarities of the application of the system of voluntary disclosure and registration by judges of a list of private interests regarding a conflict of interest. The principles, signs, types and features of the presence or absence of a conflict of interest in the activities of judges are revealed, their content is specified. The procedure for disclosing information about a conflict of interest in the activities of judges is indicated. Two ways of resolving a conflict of interest in the activities of judges are established, their problematic issues are disclosed. The types of responsibility of judges in cases of violation of legislation on conflict of interest are determined. Separate directions for improving the legal regulation of preventing and resolving conflicts of interest in the activities of judges are proposed, taking into account the positive experience of legal regulation of individual EU countries in this area.
Key-words: justice, judiciary, conflict of interest, public interest, private interest, foreign experience of EU countries.
JEL Classification:
K14, K24
DOI: 10.24818/TBJ/2023/13/2.06



Article 7 - Citizenship and nationality: a saga of a historical connection and the dialectic of inclusion/exclusion

Abstract

Through my research I investigate the complex topic of citizenship and nationality by examining the evolution of concepts and practices related to citizenship and nationality throughout history. The study proposes a broad approach for understanding the dynamics and consequences of these legal phenomena. The research focuses on the complex relationship between citizenship and nationality and their role in shaping individual and collective identity. At an interdisciplinary level, the reader will discover the interaction between these concepts and society by highlighting the dialectical aspects of inclusion and exclusion. The results are based on relevant case studies, legislative, political, and social changes that have affected citizenship and nationality in different historical periods and in various geographical contexts, with an emphasis on the complexity and dynamics of these concepts. By exploring the history, legislative evolution, and legal and social debates in the field of citizenship and nationality, this study sheds light on the challenges and dilemmas facing contemporary legal systems in managing cultural and social diversity, analyzes theoretical perspectives and current practices on inclusion and exclusion and possible solutions and improvements are proposed to promote social cohesion and respect for human rights.
Key-words: citizenship, nationality, dialectics, historical evolution, social cohesion, human rights.
JEL Classification:
D63, K33, O15, Z13
DOI: 10.24818/TBJ/2023/13/2.07



Article 8 - Legal nature and types of digital assets in the activities of technology-oriented startups

Abstract

Digital assets play an increasingly important role in people's lives and are ever more often becoming the basis for launching business. The prospects that digital assets open for identifying new sources of profit are stimulating the intensive development of technology-oriented startups. However, despite the active spread of relations arising from digital assets, legal regulation in this area is only at the initial stage of development. The concept and legal nature of digital assets remain unclear at the legislative level in most countries of the world. In the legal doctrine, there are active discussions on the legal nature of digital assets, but it still has neither a clear definition of its essence nor a clear delineation of the objects covered by this concept. Such legal uncertainty makes it much more difficult to run a business based on the use of digital assets. Therefore, the aim of this study is, first, to define the concept and fields of emergence of technology-oriented startups and the types of digital assets used in their activities. Secondly, the article looks into the legal nature of digital assets and considers the possibility to recognize digital assets as a type of property. The recognition of digital assets as a special type of property allows applying to them provisions on the right to ownership, which guarantee the highest degree of protection and best ensure the interests of their owners.
Key-words: digital assets, virtual property, crypto-assets, technology-oriented startups, digital economy.
JEL Classification: K11, K15, K22, K24
DOI: 10.24818/TBJ/2023/13/2.08

 

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