In this article, the author discusses the request for a preliminary ruling from the Court of Justice of the European Union (CJEU) in Maxima LT (Case C-497/25), which concerns the question of how the term “double taxation”, included in the EU Dispute Resolution Directive (2017/1852), should be interpreted and whether primary EU law imposes any limits on Member States wanting to invoke article 16(7) of that Directive to deny access to an advisory commission. The EU Dispute Resolution Directive was adopted over eight years ago, with several hundred cases having been handled under the Directive as of the end of 2023. This, however, is the first request for a preliminary ruling in relation to the Directive.

The Metamorphosis of EU Law through Article 19(1) TEU: From Loyalty to Value-Laden Interpretation

This article reassesses the reach of the 2022 Cartabia Reform on Italian arbitration. It focuses on three levers: (1) arbitrators’ interim measures when conferred by the parties (Article 818 c.p.c.) and their enforcement through state courts; (2) corporate arbitration; and (3) jurisdictional objections and the codified competence-competence rule (Article 817 c.p.c.). Using comparative sources and recent case law, the article argues that what affects outcomes is not an inherent ‘structural asymmetry’ but coordination frictions – namely: the need for judicial intervention to give effect to non-pecuniary orders; heterogeneous procedural pathways across fora and rules; and contact points with EU law (public-policy review, intra-EU enforcement constraints, and state immunity). The reform does not create a self-contained regime; it yields a court-supported model whose performance turns on how legislators, courts, and arbitral institutions implement the new powers (e.g., by drafting clauses that grant interim powers, streamlining enforcement protocols, and clarifying court – arbitration interfaces). The conclusion sets out targeted proposals to foster a more coherent and predictably enforceable arbitral order.

Upon the Swedish Court of Appeal’s request to the Court of Justice of the European Union (‘ECJ’) for preliminary ruling in NV Reibel v. JSC VO Stankoimport, the article examines the arbitrability of disputes related to EU sanctions regimes using the example of claims under Article 11(1) of Council Regulation (EU) 833/2014 (‘Regulation’). The article establishes the relevant understanding of the concept of arbitrability in the EU before discussing and rejecting the notion that the arbitrability of matters pertaining to the Regulation follows from the Regulation itself, namely from its Article 11(3). The article subsequently takes note of the ECJ’s jurisprudence precluding the interpretation of EU law by arbitral tribunals. While acknowledging the fact that commercial arbitration is commonly exempt from this jurisprudence, the article questions whether this also applies to sanctions-related disputes. The article further assesses jurisprudence on the arbitrability of claims under the Regulation and other EU sanctions regimes from Member-State courts. In this regard, the article points out the lack of civil penalties for transactions in breach of the Regulation as considered by courts in some of these jurisdictions to determine the arbitrability of related disputes. The article concludes that claims under Article 11(1) of the Regulation are arbitrable under EU law.

Abstract The common values implied in the principle of sustainable development are reshaping the economic model of a ‘competitive social market economy’ in the EU internal market, as well as the overall approach to EU law. In this context, both consumers and corporations represent a political force of a complex system made of interdependencies, where individual economic interests no longer have primacy, but at the same time the possibility to choose the less sustainable option is still an integral means of economic freedom. The idea underpinning the proposal lies on the rebalancing power of transparency in capital market. Indeed, the flow of (sustainability) information in the right direction is functional to empower stakeholders and to promote their active engagement in corporate decisions in a way that, by the means of a democratization of corporate governance, would make the whole market system more democratic.

Private economic actors wield unprecedented influence over the enjoyment of human rights, yet legal systems remain uneven in their regulation of corporate responsibility. Against this backdrop, this article examines a largely underexplored post‐Brexit trajectory, the regulatory divergence in the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs). While the broader effects of the withdrawal of the UK from the EU have been extensively scrutinised, little attention has been paid to how each jurisdiction has sought to prevent and mitigate corporate human rights abuses. Situating its analysis within the UNGP framework, the article offers a comparative examination of the EU emphasis on preventative regulation and the UK reliance on a largely minimalist adjudicative framework. It argues that the UK risks being shaped by external legal pressures while lacking a coherent domestic agenda. Northern Ireland, partially aligned with EU law, is presented both as an example of this fragmented approach to business and human rights regulation and as a hybrid space where the effects of ongoing regulatory developments might be traced and assessed. Ultimately, the analysis situates this divergence within a wider contest over the legitimacy of transnational human rights governance, where state apathy remains a critical but neglected factor in addressing corporate accountability.

This commentary examines the legal framework governing Irish-language rights in Ireland (Éire), the United Kingdom (particularly Northern Ireland), and the European Union, highlighting the persistent tension between symbolic constitutional commitments and practical enforcement. Despite Irish's status as the first official language under Article 8 of the 1937 Irish Constitution, judicial interpretations - seen in cases like O’Monacháin v An Taoiseach [1982] IESC 10 and Peadar Ó Maicín v Ireland [2014] IESC 12 - treat it as participatory rather than structural, emphasising "reasonable efforts" (Ó Cadhla v Minister for Justice & Equality [2019] IEHC 503) amid resource constraints. Statutory measures, such as the Official Languages Act 2003 and its 2021 Amendment (fully commenced December 2024), offer incremental progress but leave court proceedings largely unaffected. In Northern Ireland, the archaic Administration of Justice (Language) Act 1737 was repealed by the Identity and Language (Northern Ireland) Act 2022, introducing an Irish Language Commissioner and promoting bilingualism, though implementation remains uneven. Supra-nationally, the European Convention on Human Rights (Articles 6 and 14) and the European Charter for Regional or Minority Languages influence domestic standards, while EU law - post-2022 derogation lift via Council Regulation (EU, Euratom) 2015/2264 - ensures Irish's full official status, despite ongoing linguist recruitment challenges. Comparatively, Irish lags behind Welsh and Scottish Gaelic frameworks. Recommendations include enacting a specialised Irish Language in the Courts Act, enhancing training, and leveraging discrimination arguments under the ECHR. Ultimately, bridging symbolism and reality demands legislative clarity and investment to affirm cultural identity and democratic integrity.

The principle of effective judicial protection has evolved from a general principle of EU law into a principle of constitutional nature linked to the rule of law. The preliminary ruling procedure of the EU has played an essential role in this development, as the ECJ has adapted for the purpose of the protection of judicial independence, the rules on assessing its jurisdiction, and the admissibility of preliminary questions. The ECJ has adopted a broad meaning to the EU law relevance of the case required for the jurisdiction of the ECJ, while restricting its jurisdiction for the enforcement of effective judicial protection as a constitutional principle. Uncertainties regarding the admissibility of the preliminary questions indicate the limited nature of preliminary ruling procedure in overtaking the role of protecting EU values, as well as the challenges that direct effect of general principles can pose in practice.

With the enaction of the EU Nature Restoration Law in August 2024, and adoption of the related Kunming‐Montreal Biodiversity Framework, there is an urgent need to scale the effectiveness of ecosystem restoration. The legally binding EU law sets ambitious targets for restoration, in particular its commitment to restore 30% of the area of all degraded habitats in Europe by 2030. The targets for restoration set by the EU and other voluntary frameworks pose key challenges to how restoration targets are defined and measured against. This requires addressing two key challenges: setting forward‐looking restoration targets that are ecologically achievable and account for dynamic environmental changes, and developing methods to predict and forecast progress. We propose that restoration targets and references should be based on fundamental ecological processes, revealed by both historical and future ecological states, that are also resilient to future environmental changes. Secondly, restoration efforts should be predictive, and we propose a two‐stage process to predict outcomes prior to an intervention for setting ecologically achievable reference states, and to forecast progress toward the target state. We argue that by integrating these approaches, restoration policies can lead to large‐scale restoration for ecological recovery and long‐term societal benefits.

The article is devoted to a comprehensive analysis of the concept and system of norms on terrorist crimes in the Criminal Code of Ukraine, as well as their correlation with related criminal-legal phenomena. The author reveals the essence of terrorism as a socially dangerous phenomenon, which consists in the deliberate intimidation of the population and authorities by means of violence or threats to achieve unlawful goals. It is noted that terrorist crimes encroach not only on public but also on national security, have a massive and unpredictable nature, and a high political and ideological influence on society. The article defines a system of terrorist crimes, which includes the norms of Section IX of the Special Part of the Criminal Code of Ukraine (Articles 258–258-6) and a number of other articles with a potential “terrorist” component (Articles 109, 110, 112, 113, 147 of the Criminal Code of Ukraine, etc.). It is stated that in the scientific literature there are different approaches to the definition of terrorism and terrorist crimes, which are mainly interpreted as violent activity with hostage-taking, murders or threats in order to achieve illegal goals. Also highlighted are scientific approaches to the distinction between the concepts of «terrorist crimes» and «crimes of terrorist orientation», analyzed the positions of domestic scientists on improving legislative provisions, in particular proposals to change the structure of Art. 258 of the Criminal Code of Ukraine and the introduction of the criminal law concept of «act of terrorism». Special attention is paid to the historical origins of the concept of «terrorism», international legal approaches, the practice of the UN and the European Union, as well as the harmonization of Ukrainian legislation with the best international standards in this area. The author emphasizes the need for comparative legal research and improvement of national norms for effective counteraction to terrorism in conditions of martial law and ongoing armed aggression against Ukraine. The conclusions of the work indicate that Ukrainian legislation is increasingly being harmonized with international norms, in particular with EU law, through novelties that increase the effectiveness of countering terrorism. At the same time, the need for further scientific research in this area is emphasized.

The article explores the evolution of the concept of the “active consumer” (prosumer) in the energy law of the European Union and Ukraine. It examines the prerequisites for the emergence of this notion in the 2000s, driven by technological advances in photovoltaic solar panels, the declining costs of equipment, and the introduction of national support schemes for green energy. Initially absent from legal frameworks, the concept of the prosumer gradually gained attention in both academic and policy debates. A milestone in its development was the adoption of the Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy (2015), which recognized consumers as active participants in energy markets. This approach was reinforced by the Clean Energy for All Europeans package (2016), which established institutional foundations for self-generation, energy communities, and non-discriminatory participation of households in electricity markets. The formal legal recognition of prosumers was achieved through Directive (EU) 2018/2001 (RED II) and Directive (EU) 2019/944 (IEMD). RED II introduced the categories of renewables self-consumers and renewable energy communities, while IEMD provided additional guarantees for active consumers’ participation in retail and wholesale markets, emphasizing non-discrimination and consumer protection. However, the practical implementation in EU Member States has shown uneven progress, with significant delays and gaps that hinder the development of decentralized generation. Ukraine, having undertaken commitments under the Energy Community, integrated a range of RED II and IEMD provisions into national law, particularly through amendments to the Law of Ukraine “On the Electricity Market.” The legislation introduced the net billing mechanism and defined the legal status of active consumers, specifying conditions for households and non-household users. Despite notable progress, economic incentives and tariff limitations remain a challenge, reducing households’ interest in investing in small-scale generation. The article concludes that to fully unlock the potential of active consumers, Ukraine must enhance financial incentives, broaden access to flexible market mechanisms, and accelerate the implementation of smart grid technologies.

The article focuses on the fundamental principles of EU law – legality, legal certainty, legitimate expectations, the rule of law, and the protection of human rights - which are essential for the functioning of the EU legal system. It substantiates the necessity of applying these principles in both the law-making and law-enforcement practices of Ukraine as a prerequisite for safeguarding human and civil rights and freedoms in Ukraine and for accelerating the country’s accession to the European Union. Given Ukraine’s European integration trajectory, as emphasized by the Supreme Court and the commencement of the Association Agreement, the legal positions formulated in the decisions of the Court of Justice of the European Union (CJEU) may be taken into account by Ukrainian administrative courts as persuasive arguments for the harmonious interpretation of national legislation in accordance with the established standards of the EU legal system. The article highlights CJEU decisions aimed at ensuring legality, legal certainty, the protection of legitimate expectations, and the safeguarding of human and civil rights and freedoms within the EU. The importance of applying the Court’s jurisprudence in this context is emphasized. Particular attention is paid to the protection of personal data within the EU as a fundamental element of the functioning of the Union’s single market, which is based on the free movement of goods, persons, and services. The role and significance of the Union’s values are emphasized, as these values ensure the protection and respect for human rights within the EU and must be consistently upheld by Ukraine in its pursuit of EU membership. This, in turn, will guarantee the protection of human rights and freedoms in Ukraine, contribute to the acceleration of EU accession, and provide an additional safeguard for individual rights and liberties. According to the Treaty on European Union, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. These values are common to all Member States in a society characterized by pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men. Following Ukraine’s accession to the EU, national courts will be obliged, when necessary, to refer questions of EU law interpretation to the Court of Justice of the European Union. Therefore, as has been noted, knowledge of CJEU case law and the evolving content of its decisions – which complement and adapt the normative substance of EU law principles and values in response to changing social relations – is essential in: (a) the process of implementing EU legal norms into Ukrainian legislation; (b) the adjudication of disputes arising from the application of EU law and requiring reference to existing judgments interpreting EU legal principles; and (c) the submission of preliminary references by Ukrainian courts to the CJEU in accordance with the preliminary ruling procedure, where interpretation of EU law is necessary (after Ukraine’s accession to the EU).

The article examines the current state and prospects for the development of legal regulation of gig workers in Ukraine in the context of European integration processes. The key features of the national approach are identified, in particular the almost complete exclusion of this category of persons from the scope of labour legislation, which results in a limited level of social protection and the absence of adequate guarantees for the realization of labour rights. The article analyses the reaction to these innovations from scholars, experts, and trade unions, who view the Ukrainian model as a step toward deregulation that contradicts European trends toward expanding workers’ labour rights. The article examines the approaches of the European Union and individual European states to regulating platform employment. The present study analyses the adoption of Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions for platform workers, and the experience of France, Germany, and Spain in granting labour rights to gig workers. It is acknowledged that in order to align Ukrainian legislation with EU standards, a re-evaluation of fundamental concepts in labour law (employee status, form of employment contract) and an augmentation of social guarantees for gig workers are imperative. The study posits that in order to align Ukraine with the European model of gig economy regulation, the following changes should be implemented: a review of the legal status of gig workers is recommended, with a view to recognising them as employees with full labour rights, where is feasible; it is recommended that gig contracts be transformed into a type of employment contract, or that a special flexible employment contract be introduced for the information technology and platform employment sectors, in order to replace purely civil law contracts; it is imperative that gig workers be guaranteed fundamental labour rights and minimum social standards. Such rights should encompass remuneration, working hours, rest periods, unemployment insurance, and accident insurance, among others; the introduction of legislative mechanisms to control the management of work by algorithms is required, with the following mechanisms being recommended: transparency of data use, the right to appeal against automated decisions, and the requirement for mandatory human oversight; in order to ensure a balance between innovation and social justice in the field of gig work, it is necessary to adapt the special legal regime «Diia City» and related regulations to EU law requirements. The introduction of the proposed changes will contribute to the harmonisation of national regulation of gig work with EU standards, strengthen the social protection of gig workers, and ensure a balance between the innovation of the gig economy and social justice.

Consumer Collective Redress in EU Law. Lessons from the Polish Legal System, written by Jagna Mucha

Abstract Fruits and vegetables are rich in compounds with health-promoting effects, such as vitamins. Nevertheless, no previous research has simultaneously considered the factors affecting vitamins’ bioavailability, namely the actual amount absorbed and the health effect, and thus the health benefits that can be claimed. Therefore, in this study, we conducted a critical appraisal by presenting the theory and body of evidence on the bioavailability and legislation of vitamins C, B2, and B9. After a thorough review of the evidence, we observed that bioavailability is a complex concept for the three vitamins analysed. The characterisation of such vitamins in regulations and by general knowledge seems oversimplified. Also, measurement protocols should be detailed and focus on the bioactive forms in humans. The way vitamins are characterised and measured has implications for the use of nutrition and health claims. A better understanding of what each vitamin compound comprises is needed for decision-makers and users, as such insights would help harmonise what is measured in the laboratory, regulated by EU law, and taken up in our cells. Graphical Abstract

This article aims to demonstrate the international community’s growing interest in combating climate change by examining key legal solutions related to sustainable development and environmental protection. It also presents respective international legislative actors’ strategies for climate neutrality through an analysis of selected legal measures within international, EU, American, and Chinese law frameworks. The article defines key sustainability terms such as climate change, greenhouse gases, and sustainable development.

It is indicated that modern global problems, such as climate change, depletion of land resources, reduction of biodiversity, and the critical need to ensure food security, necessitate the reform of traditional legal mechanisms for the use of agricultural land. The article investigates the legal nature of agroforestry as an adaptive form of agricultural production within the framework of contemporary global challenges, including climate transformations, land resource degradation, and the imperative necessity of ensuring food security. The genesis of international legal regulation of agroforestry is examined, commencing with the First Ministerial Conference on the Protection of Forests in Europe (1990) and the UN Conference on Environment and Development in Rio de Janeiro (1992), extending to contemporary EU regulatory instruments, notably Regulation (EU) No. 1305/2013, the New EU Forest Strategy for 2030, and Regulation (EU) 2021/2115. It is established that EU legislation recognizes agroforestry as an autonomous form of land use and an integral component of sustainable agricultural production, providing comprehensive mechanisms of financial and institutional support. Concurrently, the absence of adequate normative regulation of agroforestry in Ukrainian legislation is ascertained, as fundamental legislative acts (Land Code of Ukraine, Forest Code of Ukraine, Law of Ukraine «On State Support of Agriculture of Ukraine») do not incorporate this legal category. Based on systematic analysis of international legal instruments, FAO doctrinal positions, and scholarly approaches, the author formulates a definition of agroforestry as an adaptive form of agricultural production constituting an integrated system of sustainable agricultural land use through integration of perennial tree plantations with agricultural production activities within a single land parcel. Five essential characteristics of agroforestry are identified: integrativeness and multifunctionality, sustainability and climate change adaptability, complex nature of legal relations, ecological and socio-legal nature, innovativeness and necessity for state support. The necessity of improving national legislation and its harmonization with EU law is substantiated.

The impressive development of new technology in recent years and the creation of machines equipped with artificial intelligence systems that are used in an increasing range of tasks required us, to the discussion of the development of artificial intelligence in relation to its responsibility and legal subjectivity. The aim of this article is to compare concepts regarding a legal entity for artificial intelligent agents based on Polish law and EU law. The research activity adopted in the article is supported by a theoretical method that brings together the professional literature and practitioners who use control over technology, including artificial intelligence, on a daily basis. Additionally, the article is supplemented by a dogmatic and legal analysis of the provisions of the Polish Civil Code, the Animal Protection Act and soft law instruments.

Deepfake technology is almost a permanent fixture in the online world today, increasing in popularity and quality year after year. Most often expressed in the form of an image, video or sound, they present content that is not true, but looks deceptively authentic, resembling existing people, objects or places. For this reason, they can contribute to many negative consequences for people. The creation and dissemination of deepfakes can harm legally protected goods, exploiting a person's image, good name, personal information, as well as a lot of other information about the person. This is why deepfake technology can stir up a lot of controversy, contributing to questions about the legality of creating and distributing such content. Thus, in the article, the author seeks to answer the problem outlined above, namely whether or not the creation and/or dissemination of deepfake is legal in our legal system. This study was examined primarily from the perspective of the latest EU regulation on AI – the Artificial Intelligence Act (and fragments of other relevant European acts), examining whether it introduces specific regulations for the subject matter, ultimately aiming to determine the current legal situation of deepfakes in the context of the legality of their creation and/or dissemination. In order to verify possible illegality, selected potential legal violations that may occur as a result of the creation and/or dissemination of deepfake are analyzed in turn. The above is based in particular on the canvass of Polish law and, to the necessary extent, EU law. This is to enable conclusions to be drawn as to whether there are currently regulations in our legal system that may affect the illegality of the creation and/or dissemination of deepfakes. The legal analysis has been narrowed only to the regulations pertaining to the issue under study, in the context of the distinguished legality.

Based on the analysis of the latest trends in the development of Ukrainian agrarian legislation, as well as the processing of the European Commission Reports on Ukraine’s progress in adapting national legislation, the author concludes that there has been significant progress in adapting Ukrainian agrarian legislation to the EU acquis in implementation of the Association Agreement and in order to achieve one of the criteria for EU membership. The article also notes the positive assessment of the process of adapting Ukrainian legislation to EU law, which is provided by the EU institutions themselves following the results of monitoring. It has been established that at the same time the process of adapting agricultural legislation faces certain challenges that negatively affect its dynamics. First, it is necessary to improve the quality of the process of adapting agricultural legislation, since there are cases of partial compliance of the adopted provisions of legislative acts with the requirements of the EU acquis, and their implementation in practice is often complicated due to the lack of control mechanisms, institutional capacity or political will. Second, most of the adopted agrarian laws and subordinate regulatory legal acts in the process of implementing the Association Agreement did not concern the fundamental principles of regulating agricultural production and the development of rural areas, which are determined by the Common Agricultural Policy of the EU, which requires taking into account its principles and directions in the process of further adaptation of the agricultural legislation of Ukraine. Third, it is worth accelerating the adoption of individual European integration agrarian laws to implement the Association Agreement. Fourth, the adaptation of agrarian legislation is complicated in the context of the full-scale armed aggression of the Russian Federation, which began in 2022. The article draws attention to the fact that after the European Commission conducts screenings in September 2025 for negotiating chapters 11 «Agriculture and Rural Development», 12 «Food Safety, Veterinary and Phytosanitary Policy», 13 «Fisheries and Watercraft», a plan for further implementation of EU regulations into Ukrainian legislation will be developed, which will be the next step in the negotiation process for Ukraine’s accession to the EU.