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Teisė : Law
Number of Followers: 0  Open Access journalISSN (Print) 1392-1274 - ISSN (Online) 2424-6050 Published by Vilnius University  [38 journals]
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- Challenges of the Common Foreign and Security Policy of the European Union
after Russia-Ukraine War
Authors: Marita Gorgiladze
Pages: 44 - 54
Abstract: The outbreak of the Russia-Ukraine war marked a geopolitical awakening for the EU. It prompted a reevaluation of EU foreign and security policies, revealing shortcomings in direction and cohesion. The EU reacted to Russia‘s war of aggression against Ukraine, which began on February 24, 2022, by imposing severe and unprecedented sanctions against it. The economic penalties are intended to hold Russia accountable for its conduct and to successfully obstruct Russian efforts to prolong the attack. Those who support, finance, carry out, or who gain from actions that undermine Ukraine‘s territorial integrity, sovereignty, or independence is the subject of individual sanctions.
The CFSP, governed by the Treaty on European Union, is primarily enforced through Council decisions, with Article 29 being a key provision used for adopting foreign policy positions and imposing sanctions. However, the legal nature of CFSP decisions, often considered „soft law,“ presents challenges in their implementation and enforcement. Additionally, the paper discusses the procedural aspects of adopting restrictive measures, highlighting the complexities involved in unanimity among Member States and the subsequent enforcement at the national level.
Judicial review of CFSP decisions, particularly in the context of sanctions, is explored through case analyses. The paper examines recent court cases related to CFSP decisions, including challenges to sanctions imposed on individuals and entities. The analysis underscores the difficulties courts face in balancing CFSP objectives with fundamental rights, particularly regarding media regulation and freedom of expression.
The paper concludes by emphasizing the need for a more unified and effective CFSP framework, especially in the face of evolving geopolitical challenges. It highlights the importance of addressing the shortcomings in CFSP decision-making processes and ensuring a balanced approach to judicial review to uphold the rule of law and fundamental rights while enhancing the EU‘s external actions‘ legitimacy and efficacy.
Keywords:
legal perspective
Authors: Katarzyna Aleksandra Jancewicz
Pages: 55 - 65
Abstract: With global warming progressing, droughts are anticipated to increase in frequency in the European Union. However, under the current EU legal framework, they remain on the margin of water management policies. To adapt to changing natural conditions, the Member States should take a more proactive approach to drought mitigation. The policy options on how to accelerate such a transition encompass the continuation of reliance on soft-law guidances, the amendment of the Water Framework Directive or the adoption of a ‘European Drought Directive’ – a new, up-to-date, all-encompassing legal instrument. This paper analyses those policy options from a legal perspective. It also exposes problems and benefits they can bring if and when pursued. As the Water Framework Directive remains ‘fit for purpose’, the priority shall be given to updating existing soft-law guidances and their translation into all official EU languages. However, there are strong arguments in favour of future legislative reform. This paper submits that a more proactive approach would conform more fully to EU primary law. Nevertheless, irrespective of the chosen policy option, coordination of drought mitigation and measures under existing EU water legislation at the river basin district level must be ensured.
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Artificial Intelligence in Corporate Internal Investigations
Authors: Túlio Felippe Xavier Januário
Pages: 66 - 76
Abstract: The paper addressed the following questions: how can AI be applied in corporate internal investigations and what are the legal limits for its use' In case of effective application, how can it affect the admissibility and valuation of the information collected from these procedures in an eventual criminal lawsuit' It was demonstrated that, with the expectation of increasing the effectiveness and efficiency of compliance programs, AI has been used in real-time – and often predictive – supervision of employees, as well as in carrying out internal investigations, through, for example, lie detection systems. However, due to the limitations and risks of this technology, its employment must comply with legal parameters and restrictions. Therefore, three categories of restrictions were analyzed: with respect to (i) legal requirements for data processing, we noted that the processing of data to be used as input in those systems must find legal support in one of the hypotheses provided for in Articles 6 and 9(2) of the GDPR. Furthermore, the fundamental principles that substantiate the test of proportionality between the intended purpose and the intervention to be carried out, provided for in Article 5, must be observed. Regarding (ii) possible prohibitions on the use of AI systems in the context of internal investigations, we observed that the use of technologies to control and supervise the work environment must take into account the requirements of legality, shall not affect areas in which employees’ expectations of privacy must prevail, and, lastly, must observe a second test of proportionality, aimed at assessing whether the technology in question is adequate and necessary to achieve the purpose intended with it and whether the rights possibly affected by it should not prevail. About the (iii) limits to the admissibility and valuation of elements of information from internal investigations, we concluded that their admission in criminal proceedings will depend on a new judgment of legality and proportionality. In addition, they may be admitted when presented by the company, in its defence, or by Public Prosecution, provided that a third test of proportionality is observed and that these elements of information are not considered sufficient to substantiate the conviction of any defendant, therefore having probative value similar to elements from state investigation acts.
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Arguments Supporting Its Normativity
Authors: Dmytro Korchahin
Pages: 77 - 90
Abstract: In the present paper the author overviews the historical tracking of sustainable development as such. Besides, in the article, the current legal nature of sustainable development and some aspects helping to enhance its legal contours are revealed. The concept of sustainable development has gradually evolved through different political forums and discussions. This process has been taking more than fifty years. The current legal contours of sustainable development are not stable, making scientists look for their proper outline. Therefore, the practice of the International Court of Justice (ICJ) is analysed, together with the EU (supranational) policymaking and the current state of environmental emergency. Based on the methods from the qualitative approach, the output on the legal contours of sustainable development and sustainability is proposed. Outside of the general formula of the obligation of states to act in a way that can guarantee sustainable development, some novel aspects of its enhanced regulatory value have been identified, bringing a new interpretation of the legal contours of sustainable development. These news aspects revolve around the realm of ambient reality (the current state of environmental emergency that dictates putting sustainable development at the centre of policymaking on different levels), the realm of ICJ case law (since the current case law is outdated, prospect advisory opinions of ICJ are needed to clear out the current legal contour of sustainable development), and the realm of supranational policymaking of the EU (in which sustainable development has become quite unstable but imperative, being at the heart of the factual policymaking).
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Authors: Jan Okoński
Pages: 91 - 98
Abstract: The article “The New Nomos of the Earth' Perspectives of the Order in the age of chaos” by Jan Okoński presents the concept of Nomos and its interpretations against the background of a changing global order. The author presented an analysis of the Nomos as a symbol of justice (similar to such ideas as: ius, maat, and tao) and Carl Schmitt’s analysis of this term, which is important from the point of view of the philosophy of law. Nomos is word derived from ancient Greek, a concept that somehow unites the plane of factuality and the plane of validity of law. In the word Nomos, there is contained, a strange, paradoxical union of violence and justice. The Italian philosopher and researcher of the thought of C. Schmitt, Giorgio Agamben, has pointed out that Hobbes’s sovereign is the only one that remains in a state of nature, retaining his “ius contra omnes”, we may say, perhaps along similar lines to the states in the UN Security Council. These considerations are set against the background of the former China-centred system of international relations in Asia and the current attempts to transform the global order. Nomos is proving to be an ever-present concept that, although not as popular as other ideas from ancient Greece, casts clear light on issues of the validity of law in general and helps to make the evolution of the global order easier to understand. Through the prism of the concept of Nomos, it can be seen that the old world order, crystallised by the Europeans, can be marginalised by the change of the global power relations. This is not a new process, for it has already occurred in history. It is clear from the content of the article that law has appeared, since ancient times, to be paradoxically linked to violence and the possibility of initiating it.
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Rēzekne Districts in the 1860s and 1870s.
Authors: Tetiana V. Petlina
Pages: 99 - 110
Abstract: The given article is dedicated to the topic of organizational-legal measures for combatting contagious diseases in the cities of Daugavpils (then Dinaburg) and Rēzekne (then Rezhytsa) in the 1860s and 70s, which is one of the earliest pages in the history of public health and epidemiology in Latvia. The author has grounded the given research upon the archival materials, upon which it was found that the said cities and their outskirts have survived a number of dangerous epidemics, which caused multiple victims. The legal foundation of the physicians’ and other officials’ activity in the field of combatting epidemics was the Doctor’s Statute (1857). The archival materials depicted that the aforementioned districts survived the epidemics of cholera in 1866, scarlet fever in 1876–1877, and smallpox in 1878–1879. The archival materials also illustrated that the physicians and other officials used to provide detailed reports on the epidemic situation within their respective districts, how they treated the patients and how they strived to find what was the cause of the epidemics. The reports of the district and town physicians frequently mentioned the lack of financial and material resources for combatting epidemics, as well as the lack of physicians, midwives, and paramedics in the appropriate districts, the necessity of district and village physicians to travel long distances for visiting patients and providing necessary medical assistance, as well as lack of swift communication and reporting between the physicians and other officials. It is also notable, that the diligence of the physicians was the key factor in combatting epidemic diseases since the district physicians played a pivotal role in safeguarding public health.
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Issues of Consumer Online Dispute Resolution in the EU'
Authors: Pavlo Riepin
Pages: 111 - 128
Abstract: The article examines the current status of Online Dispute Resolution (ODR) in the European Union, explicitly evaluating its advantages and disadvantages. In addition to examining the evolution of the ODR mechanisms, the author sheds light on the challenges encountered in their implementation, such as concerns about trust, transparency, and accessibility. Moreover, this analysis investigated the potential implications of artificial intelligence and contemporary technologies on the transformation of the EU’s consumer ODR framework. The ADR/ODR system of the EU has been subject to criticism for several weaknesses, including inconsistent implementation, insufficient supervision, and the lack of mandatory participation for traders. The lack of a specialised supervisory mechanism has also led to shortcomings in the oversight process. The Directive does not impose a requirement for traders to participate in ADR procedures; nevertheless, there exists significant heterogeneity in the regulations that govern these procedures. The lack of binding enforcement for final decisions arises from the requirement of Member States to agree upon and acknowledge the mechanisms for recognition and implementation. The EU ODR Platform operates as a mechanism for referring cases to ADR bodies. Nevertheless, the entity in question does not actively participate in the resolution of disputes based on their substantive merits, and its jurisdiction is primarily limited to smaller entities. Artificial intelligence (AI) has the potential to enhance transparency, objectivity, and legitimacy within online dispute resolution systems, thereby potentially giving rise to a two-tier system. The author suggests that in order to bring about significant legislative changes, it is necessary to incorporate certain provisions. These provisions should mandate the enforcement of decisions made in alternative dispute resolution (ADR) processes for consumers and also facilitate the seamless integration of artificial intelligence (AI) into this system. Otherwise, it is unlikely that AI will substantially impact the efficiency and effectiveness of the EU ADR/ODR system, as its primary challenges are rooted in areas beyond the scope of AI, such as the enforcement of decisions.
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Authors: Deimantė Rimkutė
Pages: 129 - 143
Abstract: This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; the proposed changes to procedural law (disclosure of evidence, presumptions); and the rules of the revised Product Liability Directive on the identification of product defects. The article concludes with suggested improvements to the proposals for both Directives.
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Authors: Agnė Selvestravičiūtė
Pages: 144 - 152
Abstract: This paper analyses principal incoherence left in EU rules applicable to consumer sales against the background of the European Commission’s sustainability quest, supposedly influencing every area of the Union’s future life, and argues for a possible need for changes in contemporary consumer law in order to achieve a greater environmental good. It covers three key aspects where the Consumer Sales Directive might have done a better job in addressing environmental worries (i. e. legal guarantee term, assessment of remedies, and commercial guarantees), and states that these aspects were not modified to benefit the environment. The article then covers a deeper problem of conflicting aims that cannot be simultaneously upheld (i. e. fostering and curbing consumption at the same time), and challenges that in order to address environmental problems serious reconsiderations of consumer protection might be necessary.
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Intelligence for Drafting and Rendering Court Decisions
Authors: Inesa Stolper
Pages: 153 - 163
Abstract: The integration of Artificial Intelligence (AI) into the judicial system presents both opportunities and challenges. AI can expedite proceedings, reduce costs, and broaden access to justice by serving as a decision-making assistant or an autonomous decision-maker. The article is structured into three main parts: an overview of AI technologies and their classification, a detailed examination of AI‘s role as an assistant in judicial decision-making, and a consideration of AI as an autonomous decision-maker.
The analysis revealed that while AI can significantly assist in legal proceedings by offering preliminary judgments or legal advice, its capacity as an autonomous decision-maker is complex.
A robust legal foundation respecting procedural norms and Article 6 of the European Convention on Human Rights (ECHR) is crucial. This legal framework should define AI‘s operational boundaries within the judiciary to prevent infringement on the right to a fair trial. Moreover, in line with Article 22 of the General Data Protection Regulation (GDPR), there must be opportunities for human intervention and the ability to contest AI-generated decisions, safeguarding a human-centric approach to justice.
The issue of bias in AI, reflecting pre-existing prejudices in training data, underscores the importance of careful programming, dataset selection, and ongoing oversight to avoid perpetuating discriminatory practices. AI‘s potential in simulating legal reasoning in straightforward cases suggests a cautious yet optimistic engagement with technology, advocating for its selective application in scenarios where public hearings are unnecessary.
The paper concludes that while AI presents a promising tool for enhancing judicial processes, its use must be approached with caution. It advocates for a balanced, multi-faceted approach to AI integration, emphasizing ongoing evaluation, legal regulation, and the selective application of AI technologies.
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