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Volume 15, Number 4, December 2025

Contents



Article 1 - The Dawn of National Space Legislation in Central Europe and the New Act on Space Activities in the Slovak Republic

Abstract

On 28th November 2024, the Parliament of the Slovak Republic adopted a new Act on the Regulation of Space Activities (the Space Act). Subsequently, the newly enacted Space Act entered into force on 1st February 2025 and established a new framework for space activities in Europe. Through this adoption, the Slovak Republic has joined a growing number of countries in establishing national space legislation to address challenges arising from the New Space Era (also known as Space 4.0). The newly adopted Slovak Space Act provides rules for the authorisation of space activities, registration of space objects, liability and insurance, among other areas. Through this legislation, the Slovak Republic aims to establish a foundation for strengthening its space economy, providing transparent and predictable rules for potential space investors. Reflecting the fact that other states of Central Europe are currently envisaging the adoption of their national space legislation, this article aims to analyse to what extent the new Slovak Space Act may be illustrative. Thus, the article firstly outlines major provisions of the new Slovak Space Act and explains them in a comparative perspective. Secondly, the significant shortcomings of the newly adopted Slovak Space Act are being analysed. In this respect, the article argues that these shortcomings may be avoided in the prospective national space legislation of other Central European countries by drawing on examples from existing national space acts in Europe.
Key-words: space law; authorisation of space activities; registration; liability for damages; recourse of the state.
JEL Classification: K13, K23, K33

DOI: 10.62768/TBJ/2025/15/4/01
CUM SE CITEAZA - Please cite this article as: Handrlica, Jakub & Marianna Kosnáčová Novotná, ‘The Dawn of National Space Legislation in Central Europe and the New Act on Space Activities in the Slovak Republic’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 614-634.



Article 2 - Redefining Legal Fault and Administrative Error in an Indeterminate Legal Space: A Human-Philosophical and Critical Social Approach

Abstract

This article aims to redefine the concepts of “legal fault” and “administrative error” in the context of epistemic uncertainty, environmental crisis, global pandemics, and the increasing power of technology. Rather than viewing fault as a mere technical deviation, the author interprets it as a political–ethical phenomenon closely tied to power, responsibility, and the space of freedom in postmodern law. The article adopts a philosophical methodology rooted in human philosophy and critical social theory, combined with interdisciplinary synthesis across legal philosophy, state theory, public administration, social systems theory, and legal discourse analysis. It further employs a dialectical–transformative method between opposing categories (freedom–necessity, norm–power...) to clarify the nature and limits of legal accountability. The study reveals that legal fault cannot be reduced to an objective violation but must be understood within the tension between systemic structures and individual creativity. Overemphasis on the precautionary principle may suppress innovation, shift responsibility from society to individuals, and turn freedom into risk. Therefore, a flexible, reflective, and interdisciplinary theoretical framework on fault is necessary — one that recognizes the space for freedom, error, and learning as essential to protecting human dignity and advancing legal reform in an age of uncertain knowledge.
Key-words: legal fault, administrative error, human philosophy, epistemic uncertainty, responsibility and freedom.

JEL Classification: K10, K20, K23

DOI: 10.62768/TBJ/2025/15/4/02
CUM SE CITEAZA - Please cite this article as: Nam, Ong Van & Ho Tran Hung, ‘Redefining Legal Fault and Administrative Error in an Indeterminate Legal Space: A Human-Philosophical and Critical Social Approach’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 635-648.



Article 3 - Legal Postmodernism: Between Formalism and the Flexibility of Law

Abstract

This study examines the phenomenon of legal postmodernism and its impact on the transformation of legal systems in an international, global context. The purpose of the article is to analyze the practical problems of legal postmodernism and legal formalism. In the context of increasing legal pluralism and cultural diversity, postmodern approaches are becoming increasingly popular in the legal systems of various countries. The methodological framework includes comparative legal analysis, philosophical and legal reflection, and hermeneutic and systemic methods, which allowed us to identify universal and regionally specific aspects. The identified oppositions of "Tradition vs. Dynamism" and "Formalism vs. Informality" demonstrate a global shift: a rejection of universalistic legal models in favor of flexibility and adaptability. This is of key importance for international legal dialogue, as it stimulates a rethinking of legal norms, taking into account the cultural, social, and historical characteristics of different countries and legal systems.
Key-words: legal postmodernity, legal formalism, tradition, freedom, dynamism.
JEL Classification: K00, K10

DOI: 10.62768/TBJ/2025/15/4/03
CUM SE CITEAZA - Please cite this article as: Krivins, Anatolijs & Bagus Hermanto, ‘Legal Postmodernism: Between Formalism and the Flexibility of Law’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 649-662.



Article 4 - Public Support for Sports Infrastructure Engaged in Economic Activities Outside the Scope of EU State Aid Rules: Determinants of the Purely Local Impact

Abstract

This article analyses the circumstances under which public funding of sports infrastructure with economic activities does not constitute State aid within the meaning of Article 107(1) TFEU, with particular attention to the notion of a purely local impact. Drawing upon the European Commission’s Notice on the notion of State aid, the jurisprudence of the Court of Justice, and consistent administrative practice, the study reconstructs the reasoning that allows certain measures to fall outside EU State aid rules. Using a comparative and interpretive legal methodology, it examines a selection of Commission decisions concerning community sports and leisure facilities to identify the decisive factual and legal indicators of locality. The paper argues that the recognition of the purely local doctrine both clarifies the boundaries of Article 107(1) TFEU and operationalises the principle of subsidiarity. It further concludes that this approach ensures a balanced relationship between the objectives of market integration and the autonomy of local public authorities in pursuing social and regional development goals.
Key-words: state aid, purely local impact, sports infrastructure, public support.
JEL Classification: K23, H70

DOI: 10.62768/TBJ/2025/15/4/04
CUM SE CITEAZA - Please cite this article as: Malatinec, Tomáš & Eleonóra Marišová, ‘Public Support for Sports Infrastructure Engaged in Economic Activities Outside the Scope of EU State Aid Rules: Determinants of the Purely Local Impact’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 663- 677.



Article 5 - Ukraine’s International Legal Obligations in the Field of Human Rights Protection

Abstract

The study analyzes Ukraine’s international legal obligations in the field of human rights and compares them with the experience of Lithuania to identify effective mechanisms for implementing international standards in the national legislation of Ukraine. The study aims to analyze Ukraine’s obligations in the field of international human rights protection and compare them with the relevant practice of Lithuania to identify effective approaches. The methodology is based on comparative legal analysis. The focus is on fundamental international documents (the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and EU directives), decisions of the European Court of Human Rights, as well as national legislation and practices for implementing obligations. The findings showed that, despite the participation of both countries in similar treaties, the level of implementation in Lithuania is consistently higher due to integration into EU law, the presence of independent institutions, as well as the recognition of the priority of international law by the Constitutional Court. The conclusions underlined the feasibility of using Lithuanian experience to improve human rights protection mechanisms in Ukraine. This is especially important in legislative harmonization, institutional capacity, and legal education.
Key-words: human rights, international law, implementation, comparative law, rule of law.
JEL Classification:
K33, K38

DOI: 10.62768/TBJ/2025/15/4/05
CUM SE CITEAZA - Please cite this article as: Mitsik, Vsevolod, Albina Basysta, Ryšardas Burda, Mykola Taranenko and Vladas Tumalavičius, ‘Ukraine’s International Legal Obligations in the Field of Human Rights Protection’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 678-695.



Article 6 - Evaluation of the Status of Digital Assets as Property Under Turkish Law

Abstract

Digital assets have found their place in every aspect of life as a result of developing technology. Uncertainty regarding the theoretical basis on which they will be established within the legal order is causing problems in various areas of private law. However, the only certainty is that digital assets have now become subject to law. Therefore, there is a need to develop a legal basis for the legal status of digital assets. There is no uniform agreement on this matter across legal systems. The question of whether traditional legal norms will be sufficient to determine the legal status of digital assets remains. In other words, whether resorting to classical legal rules is sufficient to resolve legal problems arising regarding digital assets, or whether entirely new legal norms must be established, or whether the problem should be solved by introducing new legal structures into existing legal rules, should be examined. To this end, the first section attempts to define the concept of digital assets and identify their types. The second section focuses on the importance of digital assets in private law. The understanding that the legal status of digital assets should be that of property or property-like is gaining ground. In this regard, the third chapter focuses on the concept of property in Turkish law, and finally, the fourth chapter examines the status of digital assets in Turkish law.
Key-words:digital assets, property, ownership, claim, digital data.
JEL Classification:
K11, K15, K24

DOI: 10.62768/TBJ/2025/15/4/06
CUM SE CITEAZA - Please cite this article as: Zorluoğlu Yılmaz, Ayça ‘Evaluation of the Status of Digital Assets as Property Under Turkish Law’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 696-719.



Article 7 - The Impact of Effective Public Administration and European Digital Connectivity on Building Smart Cities: An Analysis of Legal Frameworks, Policy Initiatives and Transformative Impact in the Emerging Era of Artificial Intelligence

Abstract

The aim of this review scientific study is to analyse existing scientific literature examining the development of smart cities in the context of effective public administration and digital connectivity in the European Union, with a particular focus on the impact and regulation of artificial intelligence as a key factor in the sustainable transformation of cities. This scientific study also includes an analysis of the scientific treatment of major European initiatives, such as the concept of effective public administration, WiFi4EU, free mobile roaming, Industry 4.0, automated and autonomous vehicles, which together form the framework for digital infrastructure and connectivity in the European Union. Using a combination of analytical, synthetic, comparative and deductive methods, the research examines the interrelationships between these initiatives, their common goals in promoting technological interoperability, social inclusion and environmental sustainability, as well as the challenges they face in terms of governance, ethics and data protection. We primarily analyse freely available scientific literature included in the Web of Science and Scopus databases from 2018 to the present, as well as European Union legislation and European court decisions related to the topic under investigation. The result of our research is a comprehensive overview of scientific literature on the current state of legal regulation of selected components of smart cities, as well as the identification of gaps and opportunities in the management of AI-based smart city systems. Our recommendations also include a proposal for conceptual directions for the development of sustainable, legally compatible and ethically managed digital ecosystems in the European Union.
Key-words: artificial intelligence, digital connectivity, public administration, smart cities, WiFi4EU.
JEL Classification:
K11, K23, K24, K32

DOI: 10.62768/TBJ/2025/15/4/07
CUM SE CITEAZA - Please cite this article as: Peráček, Tomáš & Michal Kaššaj, ‘The Impact of Effective Public Administration and European Digital Connectivity on Building Smart Cities: An Analysis of Legal Frameworks, Policy Initiatives and Transformative Impact in the Emerging Era of Artificial Intelligence’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 720-745.



Article 8 - Justification and the New Rhetoric: A Comparative Study of Forst and Perelman in Defense of Human Rights

Abstract

In pluralistic societies, the relationship between human rights and national sovereignty are increasingly complex, as it involves a tension between the protection of individual rights and the autonomy of states. While the Universal Declaration of Human Rights establishes universal values and principles, its practical application remains challenging, particularly when it encounters assertions of state sovereignty. This paper aims to establish a dialogue between the justification theories of Chaim Perelman and Rainer Forst, mediated by the thought of Jürgen Habermas. These three influential thinkers, concerned with the problem of legal justification, share, among other commitments, a recognition of the role of practical argumentative reason in addressing conflicts of justice in plural societies. Employing a comparative method, this study examines the key concepts and arguments of each author, drawing primarily on their foundational works on argumentation and justification. The expected contribution of this rapprochement between Perelman and Forst lies in the potential complementarity of their argumentative frameworks, particularly with respect to grounding legal justification in the context of human rights.
Key-words: domination, tolerance, communicative action, argumentation theory.
JEL Classification: K10, K20, K23

DOI: 10.62768/TBJ/2025/15/4/08
CUM SE CITEAZA - Please cite this article as: Silveira, Carlos Frederico Calvet da & Raphael Rosalvos Barcellos, ‘Justification and the New Rhetoric: A Comparative Study of Forst and Perelman in Defense of Human Rights’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 746-756.

 

Article 9 - Climate Change, Urban Planning and Environmental Migrants

Abstract

Climate change has emerged as a key driver of contemporary migratory movements, alongside traditional causes such as conflict, political persecution, and economic hardship. Unlike war-related or economic migration, climate-induced displacement is typically largescale, involuntary, and permanent. Environmental migrants are often compelled to abandon their territories due to extreme drought, desertification, flooding, and climate-related diseases, with many relocating to urban centres already facing significant infrastructural and environmental pressures. The arrival of these populations exacerbates existing vulnerabilities, including the urban heat island effect, soil sealing, loss of biodiversity, and the overburdening of essential services such as healthcare, housing, food supply, and waste management. Furthermore, integrating culturally diverse, non-autochthonous groups poses additional challenges for social cohesion and governance. Methodologically, this paper is grounded in a theoretical framework and a systematic review of the relevant literature. By explicitly combining the themes of environmental migration, climate change, and urban planning, this study offers a novel perspective, highlighting the urgent need for anticipatory, inclusive, and solidarity-based urban planning aligned with Sustainable Development Goal (SDG) 11, integrating migration risk mapping to ensure sustainable and just urban development.
Key-words: climate change; environmental migrants; urban planning; Sustainable Development Goal (SDG).
JEL Classification:
J15, K32, K37

DOI: 10.62768/TBJ/2025/15/4/09
CUM SE CITEAZA - Please cite this article as: Carvalho, Raquel, ‘Climate Change, Urban Planning and Environmental Migrants’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 757-770.



 

Article 10 - Comparative Law in Romania: Traditions, Transitions, Transformations

Abstract

The study examined the role played by the International Academy of Comparative Law (IACL), on the occasion of its Centenary — together with other national and international institutions — in shaping the historical evolution of comparative law and comparative legislation in Romania. Beyond documenting didactic and scientific activities in both comparative public and private law, the paper highlights contributions made through specialized publications, doctrinal debates, legislative analyses, and participation in international comparative law forums. For analytical clarity, the study follows the periodization established in Romanian legal doctrine. The first part focuses on Romanian law before 1944, analyzed in relation to the Romano-Germanic legal family, with particular emphasis on French law. The second part addresses the socialist period (1944–1989), when Romanian law operated within the framework of the socialist legal system, though marked by adaptations reflecting national specificities. The final section examines the post-1989 transition, a phase characterized by profound political and legal changes, including the reintroduction of democratic institutions that guarantee the protection and promotion of human rights, as well as the revival of comparative law studies at university level. These developments not only reconnected Romanian law to its Romano-Germanic roots but also facilitated its integration into broader European legal frameworks.
Key-words: comparative law, public law, private law, Romanian legal system, history of comparative law.
JEL Classification:
K19, K30

DOI: 10.62768/TBJ/2025/15/4/10
CUM SE CITEAZA - Please cite this article as: Zlătescu, Irina Moroianu & Gabriela Varia, ‘Comparative Law in Romania: Traditions, Transitions, Transformations’, Juridical Tribune – Review of Comparative and International Law 15, no. 4 (December 2025): 771-792.



 

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