Revista editata de:
Editura ASE
Departamentul de Drept al Academiei de Studii Economice din Bucuresti


Societatea de Științe Juridice și Administrative

ISSN: 2247-7195
e-ISSN 2248 – 0382
ISSN-L 2247 – 7195

Frecventa aparitiei:
3 numere / an




Editura ASE

Volumul 13, Numarul 3, Octombrie 2023


Articol 1 - Compensation for non-material damage caused to legal entities in the decision-making practice of the CJEU and the ECHR


This article examines the recognition and compensation of non-material damage to legal entities by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). Both courts acknowledge the moral dimension of legal entities, addressing non-material damage that is inherently intertwined with these entities and challenging to quantify. While neither court provides a precise definition of non-material damage, this ambiguity enables adaptable interpretations tailored to specific cases. The absence of a comprehensive definition results in a lack of a singular criterion for determining compensation amounts, given the multifaceted nature of non-material damage encompassing subjective and objective elements. Legal entities primarily seek compensation for harm to goodwill and associated intellectual property issues, as well as the frustration stemming from prolonged legal proceedings. The divergence between the CJEU and ECHR becomes evident in the awarded compensation, with the latter typically granting amounts four times smaller. This discrepancy can be attributed to the CJEU's focus on economic competition-related claims involving substantial sums. Notably, the analysis of court decisions reveals an escalating trend in cases related to non-material damage compensation for legal entities, particularly since 2010.
Key-words: CJEU, ECHR, non-material damage, legal entities, compensation, moral dimension.
JEL Classification: K13, K15
DOI: 10.24818/TBJ/2023/13/3.01

Articol 2 - Problems of legal regulation of artificial intelligence in administrative judicial procedure


The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards.
Key-words: right to judicial protection, artificial intelligence, digital technology, electronic technology, administrative judicial procеdure, legal regulation.

JEL Classification: K23, K24, K41
DOI: 10.24818/TBJ/2023/13/3.02

Articol 3 - Preventing computer crime by knowing the legal regulations that ensure the protection of computer systems


Our intention in this study is to emphasise a few aspects relating to the need to support cyber education and to preventive goals, by informing people about the strategies in place at Union and/or national level, which reflect current realities, in relation to which each person, active entities and, last but not least, the authorities will have to act so as to identify early on any possible risks. We have also aimed to identify legislation that criminalises acts of cyber fraud, in which respect we have referred to certain articles in the criminal codes of several European countries. We consider that cyber education and legal education, regardless of the social level one belongs to, the social roles one takes on at a given time, and/or of age, are essential to setting the foundations for a cyber security culture.
Key-words: education, cyber space, cyber security, law, criminal offence.
JEL Classification: K14, K24
DOI: 10.24818/TBJ/2023/13/3.03

Articol 4 - A regulatory analysis of digital financial services and the adoption of central bank digital currencies in Zimbabwe and South Africa


The use of digital financial services such as mobile money has created new frontiers for more people, especially the poor, to participate in the formal payment systems in Zimbabwe and South Africa. Individuals who do not have bank accounts are now able to access financial services and products using technological devices such as mobile phones. In this regard, digital financial services have broadened financial inclusion allowing the poor to participate in financial markets and other formal economic activities which they were unable to access before. In addition, digital financial services represent a broad range of emerging financial technology (fintech) products which could lead to the adoption of digital currencies in many countries, including Zimbabwe and South Africa. These fintech products have been useful channels for the poor to transact and receive money since the outbreak of the coronavirus (covid-19) pandemic. However, the regulation of digital financial services and their products remains problematic in South Africa and Zimbabwe owing, in part, to the absence of statutes that expressly and robustly regulate these services. Furthermore, there is no sufficient policy clarity on the adoption of central bank digital currencies in the aforesaid countries. Accordingly, this article explores the adequacy of the regulatory frameworks and robustness of the enforcement approaches adopted in Zimbabwe and South Africa. This is also done in the context of the African Union (AU)’s Agenda 2063 goal of enabling trade linkages amongst African countries.
Key-words: financial technology, mobile money, digital currencies, financial inclusion, the poor.
JEL Classification: K23, K24
DOI: 10.24818/TBJ/2023/13/3.04

Articol 5 - Forum shopping in regulatory sandboxes and the perils of experimental law-making


The gradual emergence of regulatory sandboxes in various jurisdictions has already triggered considerable attention of legal academia. Thus, academicians have addressed various legal frameworks, providing for regulatory sandboxes in the field of financial and energy technologies, artificial intelligence, medical products etc. In all these fields, regulatory sandboxes do currently serve as a tool for facilitating these new technologies, which could hardly emerge successfully under the rules of conventional legal frameworks. Beside identifying the advantages of regulatory sandboxes, various risks were also identified with respect to the prospective introduction of regulatory sandboxes in various fields of governance. This article aims to address the feature of ‘forum shopping’, that the spontaneous emergence of regulatory sandboxes might imply. The authors argue, that while such forum shopping will represent an inevitable implication of legal pluralism, one may also expect various attempts for the “passportisation” of regulatory sandboxes. At the same time, the authors aim to address a more theoretical question, to which extent are classical tenets of legal jurisprudence applicable to the experimental legislation?
Key-words: regulatory sandboxes; emerging technologies; experimental lawmaking; forum shopping; “multi-jurisdictional” regulatory sandboxes; passportisation.
JEL Classification:
K23, K32
DOI: 10.24818/TBJ/2023/13/3.05

Articol 6 - An analysis of the international and European Union legal instruments for holding artificial intelligence accountable


Despite being applauded as a great technological breakthrough of the current century, Artificial Intelligence (AI) technology and its operations keep attracting condemnations because of the failure by most countries to regulate and hold AI accountable. This assertion is made against the backdrop that mostly, AI perform functions and activities just like human beings, as such, AI is prone to make mistakes which might even negatively impact human beings and violate human rights. Mistake calls for accountability. This paper accentuates that even if there are no clear provisions in some country’s statute books, there are existing international and European Union legal instruments for regulating and holding AI accountable should it erred. Methodologically, using literature review research approach, this paper highlights and discusses selected but salient international and European legal instruments which have direct and indirect impacts on AI, especially pertaining to regulation, liability and accountability.
Key-words: artificial intelligence systems, regulations, liability, international legal instruments, European Union laws.
JEL Classification:
K30, K33, K38
DOI: 10.24818/TBJ/2023/13/3.06

Articol 7 - E-commerce regulation in Albania


The Internet and digital technology are transforming our lives, every day with the paces in a dimension of a real revolution. These fast and deep transformations are now being considered worldwide, as the second most important revolution behind the industrial one. Regardless of these technological developments, the digital transformation of companies has had a slow but steady progress over the years. Business expectations and perception towards the need for digital transformation of services and the use of e- commerce are valued at high levels, receiving the main impetus during the two years of the COVID-19 pandemic, where online markets had an important role enabling the continuation of economic life despite social distancing restrictions. Referring the above, Albania has adhered to the European Union Directives related to electronic commerce, Directive 2000/31/EC on Electronic Commerce3 and Directive 1999/93/EC4,as well as other related directives, making possible the approximation of a high level of our legislation, in the light of these directives. In the present paper, through a legal assessment, special attention has been paid to the National Digital Agenda for the period 2022-2026 and legal rules on e-commerce in the Albanian legislation, aiming to analyze the legal provisions, which regulate it in this regard. Also, an important objective of this paper is also the fact that it may serve as an important basis for further studies in this field. The analysis of the e-commerce legal regulation in Albania is based on the qualitative method, which contains also the research, analytical, descriptive, interpretive methods. The results of this paper, which treats an innovative topic, will stimulates debate in the academic level and contribute to the legal doctrine in Albania that lacks such.
Key-words: e-business, e-commerce, national strategy, legal regulation, Albania.
JEL Classification:
F19, K29
DOI: 10.24818/TBJ/2023/13/3.07

Articol 8 - The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective


The hotel franchise contract in the HoReCa field is of particular importance from the point of view of the development of this network, of increasing the profitability of the business of both contracting parties, respectively of the franchisor and the franchisee. The interpretation of the clauses resulting from this contract, specific to this domain of activity, implicitly generates a series of disputes. This article provides an overview of the clauses specific to this type of contract as well as the alternative dispute resolution methods (ADR) used in the case of disputes resulting from the international hotel franchise contract and, in particular, of mediation and arbitration. The article also presents considerations regarding legal solutions adapted to online platforms, in particular regarding the ADR method of online mediation (ODR).
Key-words: HoReCa, hotel franchise contract, foreignness, disputes, ADR methods, arbitration, mediation.
JEL Classification: K12, K15, K29, K39
DOI: 10.24818/TBJ/2023/13/3.08

Articol 9 - The discretionary power of EU member states and national public administrations in according their citizenship (ius pecuniae)


The exercise of discretionary power by the administration when it performs regulatory or implementation tasks may be necessary, and sometimes politically expedient. It may, however, undermine business confidence and, more generally, citizens’ allegiance to the political system. It is not therefore surprising that many governments are implementing policies for reducing or eliminating administrative discretion3. Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognized as a citizen. In the last years is also a phenomenon in which member states have proposed more liberal policies related to European citizenship acquisition based on the need to revive their economies and finances or also in order to attract more working forces due to their population which is aging quite fast. The objective of this study is to analyze the discretionary power of the administrative institutions and internal policies of member states in according their citizenship in relation to their obligations toward European Union mainly after February 2022.
Key-words: citizenship, member states, European Union, ius pecuniae.
JEL Classification:
K23, K33
DOI: 10.24818/TBJ/2023/13/3.09

Articol 10 - The role of Council of Europe law and ECtHR practice in the protection of refugee rights


Despite the fact that international law is aimed at the settlement of any disputes through negotiations and litigation, and the principle of peaceful settlement of disputes is one of the fundamental principles of international law, there are still subjects of international law in the world who prefer the military way of dispute settlement and violate the fundamental principles of peaceful interstate relations. One of the most striking examples is the armed aggression of the Russian Federation against an independent European state - Ukraine. Russia not only violated the fundamental principles of international law, such as peaceful settlement of disputes, respect for the sovereignty of the state, etc. but also caused a huge number of human rights violations. As a result of the armed aggression, many Ukrainian citizens were forced to seek refuge abroad in European countries. Thus, the issue of legal regulation of the rights of refugees in Europe is relevant both for the European countries that accept and protect such refugees, and for the citizens of Ukraine who are forced to obtain such status. The author of the article paid special attention to the protection of refugees' rights within the framework of the Council of Europe law and the ECtHR case law, as these institutions are key to the protection of human rights in the European space. Thus, the study of the role of the Council of Europe and the ECtHR will provide an opportunity to understand the overall picture of refugee protection in the region. In general, the growth of annual migration volumes makes it necessary to pay special attention to this issue, especially in relation to forced migrants who are vulnerable and in need of protection by the host state. The purpose of this article is to explore the role and significance of the law of the Council of Europe, as well as the ECHR in the protection of the rights and freedoms of refugees in the European region, as well as the current issues faced by Ukrainian refugees in European countries. In addition, the article examines the fundamental approaches to the understanding of the concept of refugee in the theoretical and legal plane.
Key-words: refugees, human rights, war in Ukraine, ECtHR, Council of Europe, protection of refugee rights, European Court of Human Rights.
JEL Classification:
K33, K38
DOI: 10.24818/TBJ/2023/13/3.10


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