Kako odgovoriti na izazove veštačke inteligencije - uporedna analiza regulatornih pristupa Evropske unije, Kine i Sjedinjenih Američkih Država

The article is devoted to the problems of harmonization of national legislation in the era of digital transformation of courts with European law. The article reveals the essence of harmonization of Ukrainian legislation with European law in the field of digital transformation of courts. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the harmonization of Ukrainian legislation with European law in the field of digital transformation of courts were studied. The European experience of the digital transformation of courts was analyzed and ways of harmonizing Ukrainian legislation with European law in the above-mentioned area were proposed. The theoretical problems of the digital transformation of the judiciary of Ukraine with European law are determined. A system of measures, functions and principles of harmonization of national legislation in the era of digital transformation of courts with European law is proposed. The stages of harmonization of legislation on the digital transformation of Ukrainian courts with European law are named. A comparative analysis of the legislative regulation of the judiciary in the era of digital transformation in Ukraine and in foreign countries was carried out, on the basis of which proposals were developed regarding the possibility of using foreign experience in the law-making activity of the state.The author argues that the observance of fundamental digital human rights and freedoms to some extent depends on the perfection of national legislation on judicial proceedings and legal mechanisms that will regulate the field of artificial intelligence used in courts. The article substantiates that the draft resolution of the European Parliament and the Council, proposed by the European Commission, establishing unified rules for artificial intelligence (Artificial Intelligence Act) and amending some EU legislative acts, is an important stage in the formation of the legal basis for regulating the use of artificial intelligence systems in courts, which must stand the test of time, balance the protection of fundamental rights, ensure legal certainty and stimulate innovation. Key words: digital transformation, national courts, European law, European judiciary, electronic court, digital technologies.

While the Artificial Intelligence (AI) race is raging on the world market, several voices have called for effective regulation of this multifaceted technology and its ever-increasing capabilities. In this context, the European Union has recently adopted the first-ever comprehensive, binding law on AI, known as the EU AI Act. This instrument has a dual rationale. On the one hand, it is part of the European product safety policy and regulates AI systems and models placed on the internal market according to a risk-based approach. On the other hand, the AI Act makes the protection of fundamental rights against the harmful effects of AI a primary objective. Against this background, this article aims to test this hybrid rationale based on the novel concept of ‘risk (of harm) to fundamental rights’ introduced in the Act. This seems to combine the classic product safety risk-based approach with an emancipated version of the human rights-based approach which originates from the fields of development and international human rights. This article argues that, in so doing, the AI Act may shape a new ‘human rights riskbased approach’, which incorporates the protection of European public interests and extends their scope by translating them into the language of fundamental rights and values. The article explores the legal consistency and operational realization of this approach. First, it undertakes a mapping of fundamental rights’ protection in the letter of the AI Act and provides for an interpretation of its ratio legis in the light of the protection of fundamental rights’ narrative. Second, it assesses the ways in which the protection of fundamental rights could be successfully operationalized under the AI Act and makes concrete proposals to ensure the effectiveness of the fundamental rights risk-based approach in the AI context.

Introduction Sybe deVries, Ulf Bernitz and Stephen Weatherill Part I: Safeguarding Fundamental Rights in Europe's Internal Market 1. From Economic Rights to Fundamental Rights Stephen Weatherill 2. The Protection of Fundamental Social Rights in Europe after Lisbon: A Question of Conflicts of Interests Catherine Barnard 3. The Protection of Fundamental Rights within Europe's Internal Market after Lisbon - An Endeavour for More Harmony Sybe A de Vries Part II: The Scope of Fundamental Rights in EU Law 4. The Reach of Fundamental Rights on Member State Action after Lisbon Xavier Groussot, Laurent Pech and Gunnar Thor Petursson 5. An End to the Possibilities - on Horizontal Liability in Laval and the Limits of Judicial Rights Protection Martin Mork 6. Horizontal Effects of Private Rights Vested by Union Law on Damages to be Paid by another private Party: The Laval Case as Model Ulf Bernitz Part III: The Constitutional Dimension of Fundamental Rights 7. The Court of Justice of the European Union and the European Court of Human Rights after Lisbon Sionaidh Douglas-Scott 8. Competing Rights? Iain Cameron Conference Report Eva Suzanne Lachnit

The objective of this article is to describe the development of the perception of human rights’ issues pertaining to the field of labour law under the new jurisdiction and legal order created by the European Communities. The progress in the human rights area shall be illustrated by changing approaches of the European Court of Justice and Member States and of course by the greater awareness of the citizens of the “ever closer Union” of their fundamental rights. The gist of the work tackles the most interesting labour law cases which the European Court of Justice was deciding and which are sometimes of trailblazer character. This article commences by a necessary introduction of human rights protection in the context of labour law. It further briefly tackles the development of the European Court of Justice’ case law regarding human rights’ aspects generally. It also describes various instruments of the other EC institutions tackling the controversial subject of human rights, up to the most recent document, The Charter of Fundamental Rights of the European Union and the Europe’s Constitution. The principal part of this article concentrates on social human rights case law and outlines some of the basic general principles that the European Court of Justice employed when deciding such cases. However, it was never the aim of this paper to provide a complete list of Community fundamental social rights in the field of labour law as the author is well aware of the fact that such task would require much more elaborate analysis of this topic. Quite contrarily, the purpose of this article is to highlight labour law aspects connected with the judicial protection of fundamental rights of employees within the framework of the European Union and to enable a more clearer insight into some of the key judgments in this area. The final part reflects protection of fundamental social rights of employees provided by the Community in the Czech legal order. The article was written with the ultimate purpose of illustrating that fundamental social rights of employees are bound to enjoy more and more respect and the values comprised in some of the cases of the European Court of Justice and certain key Community instruments such as the Charter, are to become a necessary part of the foundations of the future European integration.

This study aims to explore the implementation of artificial intelligence (AI) technology through technical training programs designed to enhance basic skills among early childhood students at RA Darussalam 009. As education enters the era of digital transformation, integrating AI tools in early childhood learning has become increasingly relevant to support cognitive, motor, and language development. The technical training involved both educators and parents to ensure the effective adoption of AI-based applications in daily learning activities. The findings indicate that interactive AI media, when used appropriately, significantly improve early literacy and numeracy skills while fostering student engagement and motivation. This initiative also strengthens the digital competencies of teachers and encourages active parental involvement in children’s learning processes. The research concludes that AI-assisted learning, supported by structured training, holds great potential in advancing the quality of early childhood education.

The article analyses the impact of the EU Charter of Fundamental Rights on the development of the case-law of the European Court of Justice after the Lisbon Treaty. The codification of fundamental rights in EU law and the recognition of the Charter as a binding primary EU law of the highest level have determined the beginning of a new stage in the protection of fundamental rights concerning the caselaw of the European Court of Justice. Before the Lisbon Treaty, the European Court of Justice formed its case-law around the core of the fundamental rights protection system created by the Court itself. The Court used the instrument of general principles of EU law and based the interpretation of fundamental rights on common constitutional traditions and the international instruments’ protection of fundamental rights.Since the Lisbon Treaty, the starting position of the Court of Justice has been defined by the EU Charter of Fundamental Rights. The role of the Court of Justice as the interpreter and the developer of the protection of fundamental rights under EU law is displayed by its case-law, which establishes the status of the Charter as the primary and most important source for the protection of fundamental rights, as well as its autonomy in the interpretation of the Charter. Moreover, the Court’s interpretation also defines the scope of the application of the Charter and its limits and forms the concept of the interaction between the Charter and other systems involved in the protection of fundamental rights (the Charter and constitutional protection, the Charter, and the ECHR or other international instruments). The Charter serves as a legal instrument to ensure the quality of the EU legal system in helping to eliminate secondary EU legislation acts that violate the standards of the protection of the fundamental rights provided for by the Charter. The Court’s case-law takes into account the specificities of the EU legal system (autonomy, primacy, unity and effectiveness). This case-law makes the Charter a living instrument for the protection of fundamental rights under EU law.

This paper aims to analyze the need to reform the current constitutional and legislative design of the protection resource for better protection of fundamental rights, especially social rights. Identifies that the scope of incidence of the protection resource is restricted. By ter a restrictive role, does not reach other rights, especially those of a social nature. This reality reveals a plurality of fundamental rights of the human person that must be protected by the legal system. It considers that fundamental rights, in order to be protected and effective, call for action by state agents. It suggests that a constitutional reform or even a new Constitution for Chile may establish a better protection of fundamental social rights.

This paper discusses how Albania's fundamental human rights are guaranteed by the Constitution and how the Constitutional Court's jurisprudence has contributed to this effort. It includes two aspects of their treatment: the constitutional background and some of the most important decisions made by the Constitutional Court concerning the protection of fundamental human rights. Its goal is to provide the reader with a brief overview of the Constitutional Court's role in this regard while also acting as a jurisprudential guide for the protection of fundamental rights. Although this topic has been covered by some legal experts in previous works, it is particularly relevant now that the Republic of Albania is celebrating the 25th anniversary of the adoption of its Constitution because it highlights the Constitutional Court's contribution even after the Law Reform of the year 2016 and the innovations it brought about. The methodology employed to produce this paper involves processing and analysing secondary data obtained through various means, both qualitatively and quantitatively. The primary focus is on the decisions made by the Constitutional Court between the end of 1998 and the present, viewed through the lens of human rights. The methodological part that is based on interviews or other primary data is not included in the study because of its nature and the time constraints. The article concludes that in order to prevent inconsistencies within the current jurisprudence and to provide more substantive rights for individuals, including those that will be expanded after 2016, it is necessary to add qualitative aspects to its consolidation and to expand it quantitatively.
 
 Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023

The article analyzes the legal aspects of the use of combat artificial intelligence technologies, foreign experience in the use of artificial intelligence technologies in combat and counter-terrorism operations. The article is devoted to the analysis of the implementation of artificial intelligence technologies in military affairs. The growing importance of combat artificial intelligence technologies has an impact on the modern geopolitical and foreign economic situation. The use of combat artificial intelligence by the armed forces of the state is becoming a key factor in ensuring the security and survival of the state. This emphasizes the need for legal regulation of the use of combat artificial intelligence technologies in modern conditions. The article examines historical and modern examples of the use of artificial intelligence in the armed forces of various countries, such as the USA, China and Russia, as well as the experience of implementing various software that allows autonomous control of combat equipment, identifying targets and making decisions without human participation. Automation and intellectualization of weapons systems are changing the nature of warfare, creating new challenges for humanity and the legal systems of various states. Significant funds are allocated for the development and implementation of combat artificial intelligence technologies by various countries of the world. Despite the rapid development of technologies, legal regulation of their use remains at a low level, which creates potential risks of legal regulation of the use of combat artificial intelligence. The article reveals the issue of the legal personality of artificial intelligence and the need to adopt special legislation to eliminate legal gaps and resolve the issue of legal liability for actions committed by artificial intelligence during military operations. In this article, the authors focus on the importance of introducing artificial intelligence technologies into various types of weapons as a factor capable of changing the outcome of military operations, and also emphasize the need to develop legal norms to manage the risks associated with the adoption of independent decisions by artificial intelligence

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

The article attempts to investigate what remains of our comprehension of criminal justice and the protection of fundamental rights in an algorithmic society, highlighting the new challenges posed by artificial intelligence (AI) predictive systems. The integration of algorithms from the commercial and private sectors into the public sector, particularly in policing and law enforcement, is often justified by claims of enhanced efficiency and security. However, the present manuscript argues that utilising such tools from the public sector to assess and categorise individuals based on their likelihood of engaging in criminal activity or expressing antisocial behaviour undermines the fundamental principles of traditional criminal law. This can be understood since while prediction in other areas can be deemed valuable or even life-changing, in criminal justice, predicting the future on the basis of the past threatens to reify and reproduce existing inequalities of treatment by institutions. The analysis starts by examining the notion of algorithmic governance and justice, providing the necessary conceptual framework of how the domination of algorithms in public administration and governance can have a tremendous impact on the orientation of criminal justice and fundamental rights. A key objective of the article involves the critical examination of the AI Act from a theoretical perspective, in relation to the protection of fundamental rights and the promotion of democracy, but also the scrutiny of specific provisions related to the use of intrusive discriminatory AI systems, such as emotion recognition systems and predictive policing. Finally, the article emphasises that correct political decisions are necessary so that AI systems and techniques do not serve as tools of intrusive social control.

The present paper aims to provide an outline of the protection of fundamental rights, especially the right to a fair trial, from the perspective of criminal procedure and mutual legal assistance in criminal matters in the European Union. It concentrates on the attitude of the Court of Justice of the European Union (CJEU) towards the protection of fundamental rights on a European level - as opposed to national level -, also taking into account the evolution of the system of the European judicial protection of fundamental rights with respect to the dialogue between national ordinary courts and national constitutional courts and the CJEU. The central thematic element is the jurisprudence of the Court of Justice of the European Union, concentrating on the evolution of its case law concerning fundamental rights in criminal procedure and mutual legal assistance in criminal matters during the last two decades, which is the eraof the growing importance of criminal law and criminal procedural law in EU law. The background is rather the horizontal and vertical cooperation incriminal matters, its evolution, the central role of the principle of mutual recognition and the underlying mutual trust of the Member States’ authorities in respect of each other’s criminal justice systems. The relevance of both harmonisation and the application of the mutual recognition principle to mutual legal assistance is inevitably connected to both the similarities and the differences of national legislation and criminal justice systems which are the basis of the preliminary ruling procedures of the Court of Justice of the European Union which also serves as a driving force of mutual trust and development in the area of European criminal law, while also bearing a growing importance in the system of judicial protection of fundamental rights throughout Europe.

The entry into force of the Treaty of Lisbon has brought questions of the compatibility of aspects of EU criminal law – and in particular the application of the principle of mutual recognition in criminal matters – with fundamental rights. The constitutionalisation of the EU Charter of Fundamental Rights has added urgency to these questions. At the heart of the debate lies the question of the relationship between mutual trust and the protection of fundamental rights in Europe's area of criminal justice. This article will examine the evolving and symbiotic relationship between the protection of fundamental rights and mutual trust before and after Lisbon. It will examine four different types of relationship between fundamental rights and mutual trust: fundamental rights as the outcome of trust (by examining the evolution of ne bis in idem from a principle to a fundamental right); fundamental rights as a limit to trust (by focusing on fundamental rights as grounds for refusal to recognise and execute judicial decisions, and in particular European Arrest Warrants); fundamental rights as the source of trust (by focusing on legislating for human rights at EU level via the adoption of minimum standards on procedural rights in criminal proceedings); and fundamental rights as a source of trust via the development of uniform, autonomous concepts. The article will conclude by reiterating the importance of ensuring effective and on the ground protection of fundamental rights as a cornerstone of establishing a system of mutual recognition based on earned, rather than presumed, trust.

In September 2014, the deadlock over election reforms in Hong Kong sparked off a mass civil disobedience occupy movement. This political dispute eventually reached the legal arena after the filing of injunction applications before the courts of Hong Kong to clear the protest sites. This article aims to discuss the courts’ approach towards the adjudication of these injunction cases. In particular, this article will review: (a) the appropriateness of the scope of the interim injunctions granted to protect the plaintiff’s personal rights under the tort of public nuisance; (b) the function of the police in implementing the injunction orders; (c) the position the courts should adopt in defending individual rights of the plaintiffs if a similar remedy is already available under the statute; and (d) the way courts should reconcile competing claims and protect both the unidentified protestors’ human rights and the private rights of the plaintiffs. The article maintains that the injunction cases have set rather dangerous precedents regarding the protection of fundamental rights in Hong Kong in cases of public order involving protection of private rights. The same analysis leads to the conclusion that in a democratic society, the courts have a duty to find the balance between the protection of fundamental human rights and private rights under tort of nuisance, while also observing significant procedural rules.

The autonomous status of the Åland Islands and the system of its self-government against Finland’s territorial and administrative structure constitute a fascinating research area in the field of constitutional law and political systems. Such research makes it possible to determine which principles of the system of the division into territorial units possessing autonomous status within the territorial structure of the state and its self-government should be introduced at the legal, constitutional and statutory level in order to ensure the population inhabiting it with a sufficient level of separateness and independence, protection of fundamental rights and freedoms, and at the same time guarantee the territorial integrity of the state. The study also makes it possible to determine which legal mechanisms and instruments of the organization and functioning of autonomous regions, distinguished by some specific feature, need to be applied in order for the system of such a unit to be effective in the performance of public tasks of their own and those commissioned by state authorities by self-government bodies of this region and to enable the self-government of the region serving its citizens at its best. In the case of Finland, it is of great importance for the protection of fundamental human and civil rights and freedoms, especially for ethnically and culturally separate social groups. The aim of this study is the legal analysis of the autonomous status and the local government system of the Åland Islands, applied and currently functioning in Finland, and its subject is an exegesis of the norms concerning the subject matter under the study, contained in the Fundamental Law of 1999 being in force in Finland and the relevant statutory regulations, as well as practices of the functioning of this region within the state from the perspective of its division into other basic units and the system of local government.