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Legal interpretation in decisions of the Court of Justice of the European Union: a study of the judgment of 22 December 2022, Case C‑61/21
This paper seeks to understand the criteria for legal interpretation in decisions of the Court of Justice of the European Union based on the theoretical references of Savigny and Castanheira Neves. Although the issue of the judicial application of law has been the subject of study of several thinkers, such as Gramsci, Herbert Hart, Rudolf von Ihering and Hans Kelsen, the works published by these authors were primarily dedicated to understanding the decisions of national courts. In this sense, this article seeks, in some way, to contribute to the understanding of the criteria for legal interpretation within the European Union, strengthening this area of ​​study within the scope of Union Law.
Copyright (c) 2025 Suhayla Khalil Viana de Castro https://creativecommons.org/licenses/by/4.0
With the growing influence of the Court of Justice of the European Union ("CJEU") in sectors traditionally seen as part of the core of Member States’ sovereignty, national constitutional courts have increasingly invoked national identity to justify deviations from the primacy of EU law. This tension is particularly pronounced in matters tied to the fundamental competencies of the state which are intrinsic to national identity and the constitutional legitimacy of member states. This paper explores how national identity is deployed by national constitutional courts to resist the primacy of EU law. We take the Portuguese experience as our starting point, examining the dissenting opinion of Justice Joana Fernandes Costa in the latest ruling of the Portuguese Constitutional Court on data retention, in which she raises concerns over the extent to which the CJEU case-law on the matter that allows EU law to override national security core concerns, such as ensuring security and peace. The main argument raised is that, while national identity claims could serve as a basis for national courts to resist the primacy of EU law, they must also take into consideration the agreement the peoples of Europe reached when joining the EU.
Copyright (c) 2025 Francisco ARGA E LIMA, Francisco Pereira Coutinho https://creativecommons.org/licenses/by/4.0
Religious Communities and Ministers of Worship
The Religious Freedom Act, enacted by Law No. 16/2001 of 16 June, marked a pivotal moment in consolidating Portugal’s current legal framework on religion, grounded in a pluralistic and cooperative model of State–religion relations in accordance with the 1976 Constitution of the Portuguese Republic. Among its provisions, the regulation of religious communities and the status of their ministers of worship remain particularly sensitive and lesser-known areas. These aspects underscore the equal importance that must be accorded to the collective dimension of religious freedom.
Copyright (c) 2025 Jorge Bacelar Gouveia https://creativecommons.org/licenses/by/4.0
The Factoring Contract and Its Modalities
This article examines the various types of factoring contracts, an essential financial tool for companies seeking liquidity and financing solutions. The study looks at the historical evolution of factoring, its financing and guarantee functions, and the issue of notifying the debtor. In addition, specific modalities such as factoring with and without recourse, domestic and international factoring, and other variants such as undisclosed factoring and bulk factoring are analysed. The research is based on a comprehensive bibliographical analysis of doctrines in Portuguese and Spanish, as well as relevant case law. The results highlight the diversity of factoring modalities available globally, with regional and sectoral particularities. This work contributes to clarifying the terminology and functionality of the factoring contract, offering a detailed overview of its practical applications and legal implications.
Copyright (c) 2025 Susana Rodrigues ALDEIA https://creativecommons.org/licenses/by/4.0
Artificial Intelligence and Administrative Discretion in Disciplinary Procedures: Between Technological Efficiency and Legal Limits
We are living through a new Industrial Revolution — a new era in the domain of administrative proceduralisation. We are witnessing a digital transition in which administrative procedures are already being conducted in an automated manner, fundamentally altering the typical paradigm of legal-administrative relations. This relationship can no longer be conceived as involving only two parties, as we are now faced with the presence of a “third” actor that transforms the entire decision-making dynamic of the Administration: artificial intelligence. There are administrative procedures that are fully processed in an automated manner, with the corresponding decision being rendered by an algorithm through an electronic administrative act. Now, considering that the disciplinary procedure is one which may lead to the adoption of an administrative act of a punitive nature — often restricting rights, freedoms, and guarantees — and that the legislator has established enhanced defence safeguards in this context, it becomes crucial to examine the potential suitability of automating disciplinary procedures and the possible replacement of the instructing authority by an algorithm. Moreover, in the realm of disciplinary procedures, there are moments of administrative discretion, which makes it equally important to assess the feasibility of using automation in the context of discretionary powers, exploring its application across the various forms in which such powers are attributed. To this end, we will analyse the traces of discretion present in the different phases of the disciplinary procedure, evaluating the possibility of automation in this domain and the viability of producing an automated administrative act as a result of the exercise of discretion.
Copyright (c) 2025 Bárbara MAGALHÃES, Rosana COSTA, Fátima MATOS https://creativecommons.org/licenses/by/4.0
Artificial Intelligence systems and compliance with ESG factors: a company law perspective
With technology dominating all sectors, Artificial Intelligence systems present themselves as an opportunity to improve processes and procedures and contribute to a better future. At the same time, they are accompanied by fears and concerns. We are therefore faced with an enormous challenge: knowing how to use a powerful tool in favour of a better world, regulating its use without strangling its potential, the limits of which are not yet known. In this article, we aim to understand whether the use of AI systems can contribute to sustainable development by helping managers make decisions to implement a government strategy based on principles of transparency, ethics and social and environmental responsibility, in fulfilment of the ESG factors and the Sustainable Development Goals of the United Nations 2030 Agenda.
Copyright (c) 2025 Marisa DINIS, Filipe D. BERNARDINO https://creativecommons.org/licenses/by/4.0
The use of ICT in general meetings of commercial companies
The aim of this paper is the analyses of the use of Information and Communication Technologies (ICT) in the Portuguese Commercial Companies Code (CSC), introduced by the 2006 reform, in the functioning of the General Meeting (GM) of shareholders. Nearly 20 years later, this study identifies controversial issues that have led to the low adoption of ICT by commercial companies, highlights their advantages, and proposes solutions for more effective use.
Copyright (c) 2025 Gabriela TAVARES, Maria João MACHADO https://creativecommons.org/licenses/by/4.0
Classified Buildings and the problem of IMI exemptions
The complex validity of the Municipal Property Tax exemption applicable to the Portuguese real estate cultural heritage warrants a thematic approach, focused on the legislative framework and its confluence with the accessibility to that tax benefit, by the property owners. Concomitantly, the vast administrative and jurisprudential disputes arising from the legal provision's technical and interpretative complexity call for a concise paradigmatic study, historically outlined, of the intricacies of the exemption system, which is undertaken here. In the pursuit of a comprehensive understanding of the applicable legal provisions, it is argued that, despite the legislative intent to facilitate the access to the exemption, ambiguities and challenges persist, and it is also emphasized the ongoing need for greater clarity and procedural harmonization.
Copyright (c) 2025 Manuel Augusto Correia, Ana Dinis https://creativecommons.org/licenses/by/4.0
Corporate Governance of Charities in Scotland, a case study
This paper examines the governance and accountability of third sector organizations, particularly charities, contrasting their corporate social responsibility (CSR) practices with those of private sector entities. While CSR is widely debated in profit-driven contexts, charitable organizations’ responsibilities toward their communities are not often discussed by lawyers or academics. Charity trustees’ decision-making processes is seldom scrutinised (let alone regulated), which raises critical questions: should this decision-making process be regulated under the same principles of for-profit institutions? Who should oversee these decisions? In Portugal, for example, charity governance lacks legal guidance and is deemed private. This contracts with Scotland’s regulatory framework, where charities are intensely scrutinised and regulated. In Scotland, the Office of the Scottish Charity Regulator (OSCR), established in 2005, actively supervises trustees, ensuring decisions align with charitable missions, therefore aiming to enhance decision-making efficiency, and enhancing public trust in the third sector. Aiming to shed light on the need for accountability, this article advocates for improved regulatory frameworks which promote efficacy and community benefit in the third sector, proposing Scotland’s model for jurisdictions like Portugal, which will promote public confidence and optimise the societal impact of not-for-profit entities such as charities, foundations or associations, among others.
Copyright (c) 2025 João de Sousa ASSIS https://creativecommons.org/licenses/by/4.0
Analysis of the criteria for establishing the existence of an employment relationship of platform workers under the Platform Work Directive – high expectations and limited outcome?
In this paper, the author critically analyses and evaluates the content of the adopted Platform Work Directive from the perspective of the content of the criteria for the establishment of a presumption of an employment relationship. In doing so, the author also compares the content of the finally adopted Directive with the initial proposal of the Platform Work Directive in 2021. The author concludes that the criteria set out in the 2021 proposal represented a significant advance in the quantitative and qualitative evaluation of the criteria for establishing the existence of a presumption of an employment relationship of platform workers. However, due to the impossibility of reaching a political compromise, the criteria in question were dropped from the adopted version of the Directive in 2024, leaving only a more abstract and vague formulation for establishing the existence of a presumption of an employment relationship. It is thus left to the Member States to formulate more concretely the substantive criteria for the existence of a presumption of an employment relationship. Finally, the author elaborates on some of the advantages and disadvantages of the adopted content of the Platform Work Directive.
Copyright (c) 2025 Aljoša Polajžar https://creativecommons.org/licenses/by/4.0
Theoretical and Legal Characteristics of Investing in post-war Reconstruction Projects in Ukraine
The article’s purpose is to develop the conceptual basis for the formation of a complex investment mechanism combining legal, economic, and organizational investment stimulation tools for the reconstruction of Ukraine in the post-war period. System-structural, logical, dialectical, and dogmatic methods of scientific knowledge were applied, which enabled a thorough study of the regulatory framework, theoretical concepts, and empirical data in the field of investment activity regulation. Complex conceptual frameworks were defined to stimulate the attraction of investments in reconstruction projects in Ukraine after the war, considering the scale of infrastructure destruction. Specific mechanisms and principles that must be applied to ensure effective investment and recovery of the economy are proposed. The need for a comprehensive approach to stimulating investment in the post-war period through the simultaneous application of legal, economic, and organizational mechanisms on the basis of the formation of a favorable investment climate is indicated. The importance of priority stimulation of investments in the restoration of certain sectors of the economy and affected regions, balanced attraction of foreign capital and support of domestic economic entities, and stimulation of "green" and innovative investments for sustainable development was emphasized. The expediency of decentralization of powers in the field of investment policy, activation of international cooperation, and formation of a positive image of Ukraine as an investment-attractive state is substantiated. The scientific novelty of this study consists in the formulation of the latest conceptual approaches to the stimulation of investments in the conditions of post-war reconstruction, taking into account economic realities and legal challenges.
Copyright (c) 2025 Vladyslav TEREMETSKYI, Volodymyr USTYMENKO, Olena KUREPINA, Kseniia TOKARIEVA, Mariana MALCHYK, Oleksii FAST, Viktor DOVHAN https://creativecommons.org/licenses/by/4.0
Is Insolvency Gendered? An analysis of personal debtors’ profiles in Portugal, 2011-2020
Household indebtedness is a phenomenon that cuts across capitalist economies. Women and men face different challenges. The cross-cutting nature of this event can be best understood by an in-depth analysis of social and economic factors contributing to a greater predisposition to situations of imminent insolvency. By developing a statistical analysis of a sample of 641 court decisions in insolvency proceedings from 2011 to 2020 in Portugal, this article aims to explore how women and men are affected by the elaboration of different debt profiles. Our data suggests that women are particularly vulnerable to economic difficulty. Gender inequality in working practices and salaries, unemployment, divorce, health conditions, and the sexual division of domestic and childcare work are phenomena that condition women's ability to pay their debts, making them more exposed to the possibility of defaulting on their loans. The study concludes that gender is an explanatory factor in personal insolvency.
Copyright (c) 2025 Susana Santos, Mara Vicente, Mariana França Gouveia, João Pedro Pinto-Ferreira https://creativecommons.org/licenses/by/4.0
The role of international humanitarian law in ensuring children's rights in conflict zones
The issue of safeguarding the rights of children in times of armed conflicts persists as one of the most pressing concerns in the realm of international humanitarian law. This holds particularly true in war-torn regions, where children are victims of serious rights violations as a consequence of prolonged crises. Quantitative analysis, comparative analysis of cases, content analysis and surveys were utilized. The study encompasses four primary areas of conflict—Ukraine, Gaza Strip, Syria, and Afghanistan—to evaluate the efficacy of international humanitarian law (IHL) in safeguarding children. The findings reveal significant disparities between global standards and their practical implementation. In Syria alone, more than 25,000 children were killed, and the level of psychological trauma reaches 90%. In Ukraine, more than 2000 children became victims of the war since 2022, and more than 115 thousand people were forcibly displaced. In Gaza Strip, more than 1200 children perished during the escalation of conflict in 2021, and as the years progressed to 2023-2024, the violence continued to intensify. In Afghanistan, after the Taliban came to power, more than 2500 cases of death or mutilation of children were recorded in 2020 apart from systematic restrictions on education for girls.
Copyright (c) 2025 Yurii BUT, Iryna CHURIKOVA, Oleksandra PTASHNYK, Ruslan BESPALENKOV, Ivo SVOBODA https://creativecommons.org/licenses/by/4.0
Security of the Eastern Border of the European Union. The Politico-Legal Aspects
When Russia launched a wide-scale invasion of Ukraine in February 2022, it became obvious to the entire European Union that the Russian Federation posed one of the most serious threats to the entire region, including the European Union. Therefore, the countries of the EU's eastern flank have undertaken initiatives to strengthen the defence system of their eastern borders forming also the EU's eastern border. Based on the following methods: legal dogmatic method, legal theoretical method, comparative method, systemic method, qualitative and quantitative analyses supplemented by a historical approach, the article analyses the current security environment of the Baltic States and Poland (as European Union countries). This allowed us to understand the motives behind undertaking the East Shield and Baltic Defence Line initiatives. The main purpose of the article is to analyse the evolution of the European Union's approach to the security of its eastern external border, with particular emphasis on investments in defence infrastructural projects in the Baltic States and Poland.
Copyright (c) 2025 Krzysztof KACZMAREK, Mirosław KARPIUK, Jarosław KOSTRUBIEC https://creativecommons.org/licenses/by/4.0
The Impact of Biometric Technologies on the Efficiency of Terrorist Crime Investigation
The relevance of biometric technology in investigating terrorist crimes is increasing due to the rise in global security threats and the need to enhance law enforcement effectiveness. The main goal of this article is to analyze the application of biometric technologies for improving the effectiveness of detecting and apprehending terrorists across different regions of the world. The research methodology includes statistical data analysis, calculation of weighted averages, and scenario forecasting concerning terrorist attacks. The study identifies key factors associated with biometrics, including facial recognition, fingerprint analysis, and retinal scanning technologies, and outlines their potential impact on increasing crime-solving rates. The results show that the use of biometric systems significantly reduces the number of unsolved terrorist crimes, enhances law enforcement coordination, and aids in early threat prevention. The article discusses various challenges countries face in solving crimes, such as underdeveloped infrastructure and inadequate adoption of modern technologies. The practical significance of the study lies in providing recommendations to improve international cooperation and further implement biometric technologies to ensure global security. Future research should focus on exploring new ways of integrating biometric technologies into law enforcement systems and adapting them to evolving threats.
Copyright (c) 2025 Yevhen BONDARENKO, Ivo SVOBODA, Ivan TKACHOV, Oleksandr KOZENKO, Volodymyr VISLOVUKH https://creativecommons.org/licenses/by/4.0
Business Ethics in Working Time Management: Social and Environmental Impacts
The management of working time has direct consequences on workers' quality of life and the environment. New work arrangements, such as remote work and the four-day workweek, have been presented as solutions to reconcile business productivity with social and environmental well-being. However, their implementation raises questions about business ethics, equity, and ecological impact. This study examines the relationship between social and environmental sustainability in the context of working time management, exploring the effects of new labor practices on the environment, workers' rights, and corporate policies, while also considering new legislative requirements in corporate sustainability.
Copyright (c) 2025 Amparo SERENO, Tânia de JESUS https://creativecommons.org/licenses/by/4.0
The transparency obligations of political parties under Spanish law
This article examines the legal framework for political parties within the subjective scope of the Spanish Law on Transparency and Access to Public Information. Although included in its scope of application, parties are only subject to limited active disclosure obligations, with no obligation to respond to requests for information from citizens. The theoretical and practical analysis of the parties' disclosure obligations and their compliance reveals weaknesses in the current model, compromising the effectiveness of transparency as a tool for ensuring true accountability and preventing corruption within political formations.
Copyright (c) 2025 Álvaro González-Juliana https://creativecommons.org/licenses/by/4.0
Dissociative Identity Disorder and the Law: A Comparative Analysis of Criminal Responsibility in England and Vietnam
Dissociative Identity Disorder presents unique challenges to criminal justice systems, particularly in cases where fragmented identity impairs cognitive awareness or volitional control. This article explores how two contrasting legal systems one common law, one civil law approach the issue of criminal responsibility in defendants diagnosed with DID. Employing a mixed-method strategy that combines doctrinal and comparative legal analysis with an empirical survey of 372 individuals using the Dissociative Experiences Scale (DES-II), the study highlights the limitations of binary models of capacity and the under-recognition of partial mental impairment. It argues for a functional, capacity-based framework that assesses the cognitive and volitional state of the operative identity at the time of the offence. The article recommends legal reforms to incorporate intermediate responsibility categories, enhance forensic standards, and permit adversarial testing of psychiatric evidence. These findings contribute to the evolving discourse on mental health and criminal culpability, offering comparative insights for more proportionate and scientifically informed adjudication
Copyright (c) 2025 Duy Thuyen TRINH, Thi Cam Ha DINH, Thi Ngoc Kim TRAN https://creativecommons.org/licenses/by/4.0
"I don't know where I'm going, I know I'm (not) going that way"
While anchored in a personalist-humanist perspective, this text seeks to explore the potential applications of artificial intelligence within the scope of Administrative Law, particularly within the context of administrative activity. It also outlines some general guidelines regarding the limits and guarantees that Administrative Law itself offers, or can offer, in face of the use of this disturbing tool. Furthermore, we will seek to address some of the main challenges posed by AI, including issues related to digital ethics and sovereignty and the teaching and research of administrative law
Copyright (c) 2025 João VILAS BOAS PINTO https://creativecommons.org/licenses/by/4.0
Trade mark reputation in Portugal and Spain
The principle of speciality is one of the pillars on which trade mark protection systems are based. Contrary to the general rules, the legal exception to this principle, basically the reputation, confers on the owners of this type of trade marks exorbitant faculties to prevent third parties from registering identical or similar trade marks to their own, as well as using them without authorisation. In this article, a comparative law analysis is made of the national trade mark protection systems in Portugal and Spain from the civil-mercantile perspective, both countries being Member States of the European Union and considering Directive (EU) 2015/2436 the need to establish the same protection for registered trade marks among all of them. The study will focus on the similarities and differences between the selected national systems in establishing the exception to the principle mentioned, assessing whether the divergences are such as to affect the harmonization sought.
Copyright (c) 2025 Enrique FERNÁNDEZ DE MADARIA , Sonia DE CARVALHO https://creativecommons.org/licenses/by/4.0
This article aims to reflect on Article 26 of the Constitution of the Portuguese Republic, particularly its initial formulation in paragraph 1, concerning the right to personal identity and the free formation of personality. It considers (i) that gender identity comprises both psychological and sociopolitical elements of a post-modernist nature, with manifestations in individuals' daily lives; (ii) that this issue is grounded in the fundamental principle of human dignity; and (iii) that personal identity and the free formation of personality can only be fully ensured through a constitutional interpretation based on the primacy of freedom and positive equality (non-discrimination), which entails recognizing gender identity as a protected legal interest. Accordingly, the article explores the interpretive possibility of including gender identity within the scope of fundamental rights, despite its absence from explicit constitutional enumeration, by invoking the constitutional principle of human dignity as a non-derogable and overarching norm.
Copyright (c) 2025 João FERREIRA DIAS https://creativecommons.org/licenses/by/4.0
Transitional Justice as an opportunity for decriminalisation of sexual and gender minorities in The Gambia
The aim of this study is to assess the opportunity offered by Transitional Justice mechanisms in The Gambia for the recognition of violence against LGBT people and to foster a path toward decriminalisation of same-sex intimacy. Under Yayah Jammeh rule, the violence against LGBT as a pattern of persecution and hatred. The State persecution policy placed the country as one of the most intolerant African nations against LGBT people. The outcome of the 2016 Gambian elections changed the course of politics in Gambia, and in 2018 a Truth and Reconciliation Commission was installed to deal with a past of violence and autocracy, in 2018. This article aims to map the developments regarding violence against LGBT people and highlights the importance to include all forms of violence as a healing strategy in transitional justice. Also, it aims to assess how effective may be these mechanisms to decriminalisation of same-sex acts in transitional societies.
Copyright (c) 2025 Rui GARRIDO https://creativecommons.org/licenses/by/4.0
The Hate Speech in the Portuguese Legal Order
The present article aims to clarify how the Portuguese legal order recognizes and prohibits speeches and expressive behaviors commonly labelled as hate speech. It concludes that, in Portugal, this concept is complex, multi-layered, and not entirely immune to ambiguity and tension with constitutional provisions and principles.
Copyright (c) 2025 Davide ARGIOLAS https://creativecommons.org/licenses/by/4.0
Legal Mechanisms for Protecting Migrants’ Labour Rights in Host Countries
This article examines the legal mechanisms available to protect migrant workers’ labour rights in host countries. The study aims to critically assess international instruments, regional frameworks, and national legislation governing migrants’ rights, with attention to gaps in their harmonisation and enforcement. A mixed-methods approach was adopted, combining comparative legal analysis of fifteen key legal instruments, thirty expert interviews, and statistical data from international and national sources. The results indicate significant variation in the protection of migrant workers’ rights. Germany demonstrates full compliance with ILO Conventions Nos. 97 and 143, while Italy, the United States, and Brazil display partial compliance with weak enforcement in specific sectors. The United Arab Emirates remains non-compliant, with restrictive regimes such as the Kafala system severely limiting rights. Expert interviews highlighted persistent enforcement gaps, the vital role of civil society organisations, and barriers to accessing justice. Statistical analysis confirmed that stronger legal frameworks and enforcement mechanisms reduce labour rights violations, particularly wage disputes and workplace discrimination. The study concludes that effective protection of migrant workers requires not only legislative incorporation of international norms but also robust enforcement, judicial remedies, and institutional independence. Legal reforms are proposed to strengthen the incorporation of core ILO and UN conventions into domestic law, establish specialised labour courts, regulate digital labour platforms, and extend protections to undocumented and informal-sector workers. These findings provide a legal basis for future reforms at both national and transnational levels, contributing to more consistent and equitable protection of migrant workers.
Copyright (c) 2025 Volodymyr ARTEMOV, Olena SIMONENKO, Vitalii ZHALUBAK, Oleksandr MYKHAILYK, Nataliia BORSUK https://creativecommons.org/licenses/by/4.0
Administrative and Legal Regulation of the Electronic Identification of Citizens
The relevance of researching administrative and legal regulation of electronic identification of citizens is due to the rapid spread of digital services and the regulatory inconsistency of Ukrainian legislation with the challenges of the digital environment. The study aims to outline ways to improve the legal regulation of electronic identification, taking into account national and international practices, judicial developments, and technical standards. The study utilizes a theoretical-legal analysis of the laws of Ukraine, Poland, Lithuania, Estonia, Germany, France, and the U.S.; an analysis of 8 rulings from Ukraine's Supreme and Constitutional Courts; a content analysis of the activities of specialized agencies (Ministry of Digital Transformation of Ukraine, National Bank of Ukraine, SE “Diia”, Central Certification Authority); and a comparative law approach. The findings revealed that Ukraine's legal framework has systemic flaws, is not harmonised with eIDAS, and its case law is legally fragmented. The scientific novelty of this study is its holistic analysis of the legal, institutional, and technical aspects of digital identification. Future research directions include examining biometric models, the use of artificial intelligence in the legal field, and the digital divide in access to electronic services.
Copyright (c) 2025 Oleh PREDMESTNIKOV, Tetyana KAGANOVSKA, Iryna PAKHOMOVA, Anastasiia OREL, Kateryna ROHOZINNIKOVA https://creativecommons.org/licenses/by/4.0
Workers under the aegis of Artificial Intelligence: New Risks and Challenges in the Light of Data Protection
This article analyses the impact of the advance of Artificial Intelligence (AI) in the workplace, considering human rights and the protection of personal data, in light of the Data Protection Regulation and the Artificial Intelligence Regulation. AI improves efficiency, productivity and safety at work, replacing dangerous tasks and promoting the dignity of workers. However, the uncontrolled use of these technologies raises concerns about privacy and the protection of personal data, especially in the labour context. The study highlights the importance of organisations adopting a culture of responsibility and regulatory compliance, guaranteeing respect for workers' rights when collecting, processing and storing data. It also discusses the legal challenges, reinforcing the responsibility of organisations to manage AI ethically and legally, in accordance with labour and data protection law. The results highlight the need to reflect on the impact of AI systems on workers' privacy, requiring public policies to minimize the challenges faced by organizations.
Copyright (c) 2025 Elisabete SANTOS https://creativecommons.org/licenses/by/4.0
Ineligibility to hold public office following a insolvency declaration – a materially unconstitutional measure?
This text presents an interpretation of the ineligibility provision outlined in paragraph a) of Article 6, No. 2, of the Electoral Law of Local Authority Bodies LEOAL, related to the insolvency declaration of a debtor who intends to hold a position in a local authority. The hypothesis of a tacit revocation of the provisions of paragraph a) of No. 2 of Article 6 of the LEOAL is considered. In any case, the defended position focuses on the conclusion that, with the closure of the insolvency proceedings, the insolvent debtor – whose insolvency is qualified as fortuitous – sees the effects resulting from the insolvency declaration cease, including the limitation on his political rights imposed by the LEOAL regarding passive electoral capacity. The exception is that, if the debtor requests the benefit of discharge (EPR), a new "semi-judicial" procedural phase begins with the imposition of duties and obligations on the insolvent debtor, and he will be limited until the final decision granting the discharge is admitted. The obligations that accrue to the debtor during the cessation period do not affect his exemption and independence in the exercise of public office.It is concluded, therefore, that the debtor’s insolvency qualification as fortuitous corresponds to the rehabilitation referred to in No. 2 of Article 6 of the LEOAL.
Copyright (c) 2025 José SILVA LOPES https://creativecommons.org/licenses/by/4.0
The justification of the loser-pays principle in civil litigation
In civil procedure, there are two main cost allocation rules: the English Rule and the American Rule. The English Rule, also known as the loser-pays principle, stipulates that the losing party must pay all legal expenses. The American Rule states that each party must pay their own attorney fees, regardless of the outcome of the proceedings. This paper critically reviews the primary theories supporting the loser-pays principle in civil litigation, including the theories of strict liability, compensation, procedural risk and policy, and the theory of the initiation of unnecessary costs. According to the teleological approach, which focuses on how litigation costs restrict the right to access to justice, the theory of initiation of unnecessary costs provides the most appropriate foundation for the loser-pays principle. This theory stems from the principle of economy of proceedings, which specifies effective legal protection by identifying the losing party as the party that caused unnecessary litigation costs, which are then logically imposed on that party.
Copyright (c) 2025 Anastasia DOUKA https://creativecommons.org/licenses/by/4.0
Protection of Family Rights: National and International Legal Aspects in the Context of Digital Transformation
The aim of the study was to identify the effectiveness of digital and procedural mechanisms for the protection of family rights in four countries (Ukraine, Poland, Germany, and Italy), taking into account the influence of the European Court of Human Rights (ECHR) practice and the provisions of private international law. It was found that a full-fledged online marriage registration functions only in Ukraine through the Diia platform, which has legal force, while in Germany, Poland, and Italy digital services are limited to the preliminary submission of applications without legal completion of the procedure. In the field of protection of family rights, the average time for considering cases in simplified proceedings is from 60 to 120 days, and the scope of judicial control varies significantly: from minimal in Ukraine to strict in Germany. The comparative analysis showed that mediation is mandatory in family disputes in Germany and Italy, partially regulated in Poland and voluntary in Ukraine, which affects the speed and quality of reaching an agreement between the parties. The practical significance is determined by the development of proposals for harmonizing approaches to digital interaction, procedural simplification and taking into account the specifics of mobile categories of persons in national legislation.
Copyright (c) 2025 Liliya RADCHENKO, Zhanna VASYLIEVA-SHALAMOVA, Oksana HRABOVSKA, Oksana ZALIZKO, Olena ZAKHAROVA https://creativecommons.org/licenses/by/4.0
Lessons for Kazakhstan from International Practices in Gambling Regulation
Background. Since 2007 Kazakhstan has progressively modernized gambling regulation; major amendments in 2023–2025 tightened market access, taxation and player protection. Objective. To assess alignment with international good practices and derive evidence‑informed policy options. Methods. Explanatory mixed‑methods study combining doctrinal analysis of Kazakh and foreign frameworks with a comparative panel (2019–2025) on market size, tax intake, enforcement and harm‑reduction coverage. Results. The legal market expanded, while enforcement against illegal operators intensified (more site/payment blocking and fewer recorded illegal‑gambling cases). Protection tools scaled up (debt‑registry based restrictions and self‑exclusion); tax policy moved toward GGR‑based models. International experience associates balanced GGR taxation, strict advertising rules, robust self‑exclusion, and coordinated website/payment blocking with better “channelization” and harm reduction. Conclusions. A policy mix combining competitive GGR‑based taxation, comprehensive player‑protection architecture, strong enforcement and systematic monitoring appears most consistent with public‑interest goals. Policy implications. Priority actions are: rationalize tax instruments; extend and unify self‑exclusion with data‑protection safeguards; enhance inter‑agency coordination; implement data‑driven monitoring and evaluation; and strengthen public‑interest communication.
Copyright (c) 2025 Yermek BURIBAYEV, Zhanna KHAMZINA, Kuralay TURLYKHANKYZY https://creativecommons.org/licenses/by/4.0
The Main Issues in the Application of RFAI
The application of RFAI generates considerable litigation. At the arbitration courts (CAAD), 43 cases were decided in 2024. Of the 33 cases relevant for our analysis, the main points of conflict between the Tax Authority and taxpayers are the eligibility of the economic activity, job creation, and the increase in production capacity. This text seeks to identify the controversial issues within these three categories by analyzing the arguments presented by the Tax Authority and by the taxpayers, as well as the legal and economic rationale behind the respective court decisions.
Copyright (c) 2025 Ana FERNANDES, Daniel TABORDA, António MARTINS https://creativecommons.org/licenses/by/4.0